Attendees of NCPA's Annual Convention were first to hear yesterday's announcement of our major new legal initiative for pharmacies that have been victimized by the unconscionable behavior of the largest PBMs awash in billions of dollars in back-end penalties—in violation of federal antitrust law and state contract laws. NCPA created a limited liability company that will investigate and, when appropriate, litigate or arbitrate on behalf of community pharmacies to recover DIR fees. It's called Protecting Access to Retail Pharmacy (PARPh), doing business as the TRUST LLC, whose activities include public relations programs, grassroots efforts, advertising, and industry-related litigation. The goal is to help patients have continued access to affordable medicines and prescription care from their trusted, accessible, in-person independent pharmacist.
How does it work? The TRUST LLC will allow community pharmacies to assign their DIR litigation claims to it for potential future arbitration or litigation against the biggest PBMs. (To help in that effort, the TRUST LLC has engaged the law firms of Berger Montague, Cohen & Gresser, and Baker Donelson to represent it.) Pooling the claims allows for the TRUST LLC to potentially speak with one voice for community pharmacies against the PBM-insurers.
"These companies have nearly unlimited resources and it's almost impossible for a single independent pharmacy to fight them alone," said NCPA CEO Douglas Hoey in a press release. "Arbitration for claims like these can top $1,000,000 for a single pharmacy. NCPA's efforts allow independent pharmacies to assign their claims to the TRUST LLC to fight the PBMs together."
Joining the trust is free to member locations, and costs $1,000 per store location for non-member locations.
To learn more about the TRUST, please visit www.fightPBMs.com.
