Legal Question in Business Law in Virginia

Is there a conflict of interest for an insurance company which owns its own mail order pharmacy participating in Medicare-D as both the insurer and provider and setting prices for reimbursement of pharmacy services?

The specific concern stems from the reimbursement schedules being offered by said insurer being below cost for a retail pharmacy when providing >30 day supplies of medications to its patients. Large chains and mail-order pharmacies often are able to purchase at prices which are not available to independent pharmacies. In the early discussions about Medicare-D it was suggested that independent pharmacies would be allowed to participate on a level playing field with chains and mail-order pharmacies. However, this seems to nolonger be the case as the practices seem to be discrimatory.


Asked on 8/24/09, 2:26 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If the Medicare-D consumer and the government are both benefiting from lower costs due to this particular arrangement, I would doubt that anyone would be complaining or calling for an investigation except, perhaps, the independent pharmaceutical retailer with the higher priced products.

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Answered on 8/31/09, 12:11 am


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