CVS Health and Express Scripts, two of the nation’s largest pharmacy benefit managers, have filed separate lawsuits challenging a new Arkansas law that restricts PBMs and their affiliated pharmacies from dispensing medications within the state.
CVS Health and Express Scripts both argue that the law is unconstitutional and would significantly disrupt patient access to medications, according to separate May 29 news releases from the PBMs.
The companies filed their complaints in federal court on May 29, alleging that the legislation violates the Dormant Commerce Clause and equal protection rights.
CVS said the law could force the closure of 23 of its pharmacy locations, eliminate more than 500 jobs and impact affiliated pharmacies under Express Scripts.
Express Scripts alleges the law would affect access to home-delivered prescriptions, fertility treatments and complex medications for conditions such as cancer and spinal muscular dystrophy.
Both companies also said the law will disproportionately affect rural areas, where pharmacy access is already limited, and argue that restricting PBM-affiliated pharmacies could raise drug costs for employers and patients by reducing competition in the state’s pharmacy market.
The Arkansas Department of Health declined Becker’s request for comment.
