Frequently Asked Questions
Can I join HLA's lawsuit against Optum Rx for PBM audit termination?
Unfortunately, PBM provider manuals contain provisions that prohibit "class actions," meaning the joining of multiple plaintiffs against a defendant in one complaint.
Am I able to file a lawsuit against Optum Rx for PBM audit violations?
Yes, you are entitled to file a lawsuit in federal or state court to hold the PBM accountable for PBM audit violations. Ultimately, however, lawsuits should be a remedy of last resort if PBM audit negotiations fail.
What are the costs associated with filing a PBM audit lawsuit?
Legal fees and expenses vary depending on the nature of the lawsuit and claims involved. Some PBM audit lawsuits may be resolved quickly, whereas others may take longer or be referred to arbitration. Finally, certain claims may be eligible for "contingent fee" arrangements, particularly if you are a specialty pharmacy with high DIR claw-backs.
At Health Law Alliance, we take pride in fiercely defending our clients' rights. Our recent success in reversing Optum’s termination of a pharmacy from its provider network showcases the unwavering dedication of our healthcare attorneys, backed by tireless advocacy and strategic legal expertise.
In early 2024, Optum, one of the nation’s biggest pharmacy benefits managers (PBM), moved to terminate a longstanding Texas pharmacy from its provider networks. This decision followed after Optum conducted a comprehensive “desk” audit. Optum claimed that its termination was based on alleged violations of the Pharmacy Network Agreement and non-compliance with specific terms outlined in Optum's Provider Manual. Specifically, Optum cited concerns related to inventory management, member authorization for prescriptions, telemedicine relationships, and documentation practices as reasons for its erroneous decision to terminate the pharmacy.
The consequences of this termination would have been catastrophic for the pharmacy. Being excluded from a major PBM's network would have severely restricted access to patients, impacted revenue, and tarnished its reputation and goodwill. Faced with these overwhelming odds, the pharmacy sought Health Law Alliance’s legal expertise to challenge the unwarranted termination.
Successfully Navigating PBM Disputes: How Our Healthcare Attorneys Reversed a Major Optum Termination
Our knowledgeable healthcare defense attorneys approached this challenge with a robust strategy, leveraging their experience in healthcare law and PBM disputes. Overturning a termination decision of this magnitude required a thorough understanding of the legal framework governing PBM-pharmacy relationships, the intricacies of Optum’s Provider Manual, and a comprehensive understanding of the pharmacy’s operations.
The appeal process was long and complex, requiring in-depth examination of the alleged breaches, as well as detailed responses supported by documentation and legal argumentation. Throughout the process, our attorneys maintained constant communication with Optum, engaging in protracted negotiations and working towards a resolution that would allow the pharmacy to continue serving its patients. Indeed, our attorneys’ keen negotiation skills and familiarity with Optum’s policies allowed them to address each of Optum’s concerns comprehensively while protecting the rights and interests of the pharmacy.
Months after extensive deliberation and review of the evidence and arguments our attorneys presented, Optum agreed to rescind its decision to terminate. This decision not only allowed the pharmacy to continue operating within Optum’s networks, but also avoided the severe consequences associated with termination and a long-term exclusion from network participation.
HLA’s victory in this case highlights several key aspects of our robust healthcare defense practice:
- Unwavering Advocacy: We leave no stone unturned in defending our clients. Whether through appeals, negotiations, or dispute resolution, we are committed to fighting for the best possible outcome.
- Expertise in Healthcare Law: Our legal team understands the regulatory and contractual complexities that pharmacies face when dealing with PBMs like Optum. We leverage this knowledge to craft winning legal strategies.
- Proven Results: Our success in overturning a high-stakes termination demonstrates our ability to deliver results, even when the odds seem insurmountable.
How HLA Can Help
For healthcare providers facing the threat of PBM termination, having an experienced legal team on your side is crucial. At Health Law Alliance, we specialize in helping pharmacies navigate these challenges, ensuring that they continue to serve their patients and thrive in a highly competitive and regulated environment. Our recent victory is just one example of our dedication to achieving justice for our clients.
If your pharmacy is facing termination or other disputes with a PBM, we are here to help. Contact us today to learn how we can advocate for you.
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