On August 25, 2014 Concierge Compounding Pharmaceuticals, Inc. (Concierge) filed a motion for temporary restraining order, a memorandum in support, and a complaint for injunctive relief against Express Scripts. In the complaint Concierge, states that it specializes in compounded prescription medications and is "a fully licensed, single-location retail pharmacy, that has approximately 50 employees, It is licensed in 40 states and fills approximately 6,900 prescriptions per month to patients nationwide." Concierge also states that is contracts with a PSAO, AmerisourceBergen drug Corporation d/b/a Good Neighbor Pharmacy Provider Network in order to do business with Express Scripts and other PBMS. It claims 80 to 85 percent of its customers are members of health plans whose prescription drug benefits are managed by Express Scripts. Concierge apparently received a termination letter from Express Scripts indicating it had incorrectly answered a
question "no." The question asked whether Concierge had ever waived or offered a reduction of member co-pay. Concierge indicates it has a policy against this except in the case of hardship, and that this hardship policy doesn't make its answer on the question untrue. The court has set a hearing on the motion for tomorrow August 29, 2014.
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Motion
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Memo of Law in Support of Motion
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Complaint for Injunctive Relief
