Attorney General Anne Lopez filed a lawsuit on behalf of the State of Hawaii against CVS Caremark, Express Scripts, and OptumRx, the largest PBMs who serve hundreds of thousands of Hawaii residents. The partially redacted complaint alleges that PBMs deceptively represent that they lower drug costs. The complaint alleges that PBM business practices are responsible for increasing the cost of brand name drugs by inflating Wholesale Acquisition Cost and then seeking higher fees. It also outlines that PBM rebate schemes narrow patient care options, citing how the number of medications excluded from Hawaii formularies increased by 961 percent between 2014 and 2022. The state is seeking damages, civil penalties of up to $10,000 per violation, additional civil penalties of up to $10,000 for each deceptive or unfair act that was directed towards a senior, punitive damages, and disgorgement of profits.
NCPA
