Pharmaceutical benefit manager Express Scripts’ (ESI) controversial 340B claims identification and submission requirement violates West Virginia law, state Insurance Commissioner Allan McVey has ruled.
McVey on Dec. 8 adopted and approved a hearing examiner’s Nov. 17 finding that ESI’s requirement, which took effect nationally on March 1, applies exclusively to 340B entities and forces them to incur additional expenses not assessed on similar providers. The examiner held this is discriminatory and “obviously against” the state’s 2018 law regulating the PBM industry.
Pharmaceutical benefit manager Express Scripts’ (ESI) controversial 340B claims identification and submission requirement violates West Virginia law, state Insurance Commissioner Allan McVey has ruled.
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