Lawsuit accuses CVS Caremark of steering patients, curbing 90-day scripts

Oklahoma accused CVS' pharmacy benefit manager of steering patients to its pharmacies and limiting its mail-order pharmacy options, according to a lawsuit filed in early April.

The Oklahoma Insurance Department said CVS Caremark violated the Patient's Right to Pharmacy Choice Act, the Third-Party Prescription Act and the Pharmacy Audit Integrity Act when it allegedly denied at least 102 prescription claims from members between Nov. 31, 2021, and Feb. 24, 2023. 

The alleged denials were then directed to CVS' pharmacies or mail-order business, according to court documents.

Another issue surrounds a new policy for 90-day prescription fills, which, as of Feb. 23, are allowed to be filled at CVS' mail-order pharmacy but not its physical locations. The case stems from an Oklahoma law passed in 2020, the Patient's Right to Pharmacy Choice Act, and whether CVS is following it.

A CVS spokesperson told Becker's the company has "concerns about the impact changing uniform benefit design could have on consumers who rely on 90-day prescriptions."

"We share the commitment of Commissioner Mulready and Oklahoma lawmakers to protecting Oklahomans' access to affordable prescription drugs," the spokesperson said, "and we look forward to continued dialogue with the Oklahoma Insurance Department and our clients to advance that shared goal."

A hearing is scheduled for May 25.

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