CHICAGO, May 29 (Reuters) - Express Scripts and several
of its affiliated pharmacies filed a lawsuit on Thursday asking
an Arkansas federal judge to overturn a state law set to go into
effect next year that would ban pharmacy benefit managers from
owning pharmacies.
The lawsuit, filed in the U.S. District Court for the
Eastern District of Arkansas, says the law puts an
unconstitutional restriction on interstate commerce by burdening
out-of-state companies like Express Scripts, which is based in
St. Louis.
Express, one of the nation's largest pharmacy benefit
managers, seeks a declaration that the law is unconstitutional
and an order barring its enforcement.
Sam Dubke, a spokesperson for Arkansas Governor Sara
Huckabee Sanders, who signed the law in April, said in a
statement, "these big drug middlemen are only attacking Arkansas
in the courts because they're worried other states will join
Governor Sanders in fighting for patient access and affordable
prescriptions."
The lawsuit names the members of the Arkansas State Board of
Pharmacy, which regulates the state's pharmacies.
In a statement, Express Scripts, which is a unit of the
Cigna Group ( CI ), said the law will likely force it to close
some retail pharmacies and bar it from mailing prescriptions to
thousands of Arkansas residents through its mail-order pharmacy
business.
"While Arkansas politicians claim this law was designed to
lower drug prices and increase access to medications, it will do
just the opposite," said Andrea Nelson, Cigna's ( CI ) chief legal
officer.
Pharmacy benefit managers serve as intermediaries,
negotiating prescription drug prices with drugmakers on behalf
of employers and health plans. They also often manage pharmacy
networks and operate mail-order pharmacies.
Arkansas' law, which is set to go into effect in January,
bars PBMs from receiving permits to dispense prescription
medication and revokes PBMs' existing permits, according to the
legislation.
The law is meant to cut down on anticompetitive behavior by
the PBMs, which set the prices for the drugs they dispense
through their pharmacies, according to the governor's office.
Their business practices have drawn increasing scrutiny in
recent years from U.S. lawmakers looking to lower drug prices,
and from the Federal Trade Commission, which accused the three
largest PBMs of driving up the cost of insulin drugs.
(Additional reporting by Amina Niasse in New York; Editing by
Leigh Jones and Bill Berkrot)