MN Department of Commerce Seeks Fine in Enforcement of PBM Law Violation

On April 28, the Minnesota Department of Commerce sent a press release to notify the public that the Department has initiated a contested case against CVS CaremarkPCS Health. The department alleges that Caremark has violated the Minnesota PBM Act. This case looks at network adequacy, the minimum number of in-network pharmacy options for a patient to fill their prescription and steering (requiring a patient to use one of their owned pharmacies). The case demonstrates that Caremark has been “placing priority on its own profits rather than serving people.” The department is seeking a fine of $1.25 million.

A prehearing conference will be held May 31 at the Minnesota Office of Administrative Hearings. Following this conference, a formal hearing with an Administrative Law Judge will decide if the Department of Commerce’s case is supported by the law.

Also, PLEASE keep submitting your complaints/concerns to the Commerce Department. Your submissions are why the Department of Commerce investigated and decided to pursue this Contested Case.

Please reach out with any questions or if there is anything more MPhA can do to support you and the work that you do with your patients every day.