Pharmacy Co-Op Sues Alleging CMS Rule Violates ‘Any Willing Pharmacy’ Requirement

AUSTIN, Texas—A Medicare regulation allowing prescription drug plans to discriminate among pharmacies violates the “any willing pharmacy” requirement of Medicare Part D, a cooperative representing 500 independent pharmacies said in a complaint filed in federal court July 11 (Southwest Pharmacy Solutions Inc. v. HHS).

The action, filed in the U.S. District Court for the Southern District of Texas by Southwest Pharmacy Solutions Inc., which does business as American Pharmacies, seeks a declaratory judgment that the Preferred Pharmacy Rule (42 C.F.R. Section 423.120(a)(9)), adopted by the Centers for Medicare & Medicaid Services in 2006, is unlawful. ...