Grocery chain Albertsons is suing the Cigna-owned pharmacy benefit manager Express Scripts for at least $10.9 million for alleged prescription underpayments, according to a Jan. 7 complaint shared by the National Community Pharmacists Association.
The lawsuit filed in Delaware’s Superior Court said, in 2023, Express Scripts initially classified prescriptions as brand-name drugs during a sale, but the PBM eventually allegedly reclassified some as generics — a process known as “flipping” — during an annual reconciliation. At that point, the drugs had been dispensed. As a result, Albertsons pharmacies expected higher reimbursement rates.
Albertsons specifically claimed breaches of contract and the implied covenant of good faith and fair dealing, as well as unjust enrichment. After a series of attempts to resolve the matter, the chain is requesting that Express Scripts pay at least $7.3 million in damages and $3.6 million the PBM has reportedly already acknowledged.
Express Scripts denies these allegations.
“We are committed to reimbursing network pharmacies fairly and will vigorously defend ourselves against the baseless allegations in this complaint,” an Express Scripts spokesperson told Becker’s Jan. 14.
At the Becker's 5th Annual Fall Payer Issues Roundtable, taking place November 2–3 in Chicago, payer executives and healthcare leaders will come together to discuss value-based care, regulatory changes, cost management strategies and innovations shaping the future of payer-provider collaboration. Apply for complimentary registration now.