Mark Cuker, Esq. Of Counsel to JLG

On Friday July 23, 2021 attorneys Mark Cuker and Conor McCabe of the Jacobs Law Group (JLG) PBM Litigation Team presented to the Louisiana Independent Pharmacy Association (LIPA) on the legal tools pharmacies can use to fight the abusive and predatory tactics of PBMs. The discussion reviewed claims that can be asserted that PBMs routinely pay MAC prices below wholesale market benchmarks thereby violating their contracts and/or state law. Further, Cuker and McCabe discussed how PBMs pay a lower “maximum” to independents than they pay to large chains like CVS and Walgreens, and how PBMs claw back money on claims paid 3 to 6 months earlier. And, that PBMs pay pharmacies generic MAC prices while billing health plans at brand rates for the dispensed drug! And of course the ever popular steering of pharmacy patients to the PBM’s own mail order pharmacy.

Conor McCabe, Esq. Associate Attorney JLG