Express Scripts Partially Shuts Down NY Pharmacy’s Breach Suit

A New York pharmacy that serves mainly low-income patients can’t proceed with breach of contract claims alleging that Express Scripts Inc. unlawfully ended its network provider agreement, a federal court in Missouri said.

The Medicare Act’s “any willing provider” clause, which mandates that a Part D sponsor drug plan must contract with any pharmacy that meets its standard terms and conditions, wasn’t part of the parties’ contract and didn’t prevent Express Scripts from ending the deal without cause, the US District Court for the Eastern District of Missouri said Monday.

Life Star is a full-service community-based pharmacy in the Bronx ...