Louisiana sues Express Scripts, Ascent over PBM practices

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Louisiana Attorney General Liz Murrill has filed a lawsuit against Express Scripts and its affiliate Ascent Health Services, alleging the companies manipulated Louisiana’s prescription drug market.

The state alleges Express Scripts and its partners restricted competition, manipulated pharmacy reimbursement rates, concealed profits and steered patients toward pharmacies they own or control, according to an Aug. 31 news release. Louisiana also alleges Express Scripts entered into an unlawful agreement with Prime Therapeutics, a direct competitor, to coordinate pharmacy reimbursement rates and fees while increasing their collective leverage over drug manufacturers. The state alleges this conduct contributed to higher drug prices, lower reimbursement for independent pharmacies and reduced competition.

The lawsuit seeks damages, civil penalties, attorney’s fees and an injunction prohibiting unlawful conduct under federal and Louisiana law.

Louisiana’s lawsuit lands days after Florida sued Express Scripts and Prime Therapeutics on nearly identical grounds, alleging the two pharmacy benefit managers’ 2019 “collaboration” amounted to illegal horizontal price fixing that slashed pharmacy reimbursement rates. Express Scripts has faced a string of state actions in recent years: Ohio’s attorney general sued the company in 2020 over alleged overcharges to a state retirement system, and Texas named Express Scripts alongside Caremark and Optum Rx in a 2024 lawsuit over insulin pricing. The Louisiana and Florida lawsuits also arrive as states continue passing PBM reform legislation aimed at curbing similar practices nationwide. 

Becker’s has reached out to Express Scripts, Ascent Health Services and Prime Therapeutics for comment and will update this article if more information becomes available. 

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