FIGHT THE PBMs-TRUST LLC PROJECT
What is the TRUST LLC project about?
National Community Pharmacists Association (NCPA) created a way to allow members to assign claims that TRUST LLC will investigate, and potentially litigate, against pharmacy benefit managers for assessing DIR fees in violation of federal antitrust and state contract laws. It also may investigate other potential violations of law, such as collusion between PBMs in using each other’s networks.
How do pharmacies join this effort?
If you would like to be part of the project, you can assign your legal rights to sue or arbitrate. We call that a “Claim.” You assign those rights to an entity that NCPA created, called TRUST LLC. This is limited only to DIR fees and certain non-DIR claims against Express Scripts. Go to www.FightPBMs.com, read through the materials and at the bottom of the page there is a portal that will allow you to sign the assignment agreement.
What is Trust LLC?
TRUST LLC is a legal entity established by the National Community Pharmacists Association (NCPA). Its purpose is to fight to protect access to retail pharmacies.
Why do you call it TRUST LLC?
The entity is actually called, Protecting Access to Retail Pharmacy (PARPh) d/b/a Team for Recouping Unfair Sham Terms (or, “TRUST LLC”).
How is TRUST LLC different from the class action lawsuit?
The lead plaintiff in the class-action lawsuit, an independent pharmacist from Iowa, is suing CVS Health, CVS Caremark, and Aetna on behalf of all independent pharmacists. Because it is a class action, you don’t have to do anything to be part of the lawsuit. However, the case could take years. Arbitration is a faster way for individual pharmacies to adjudicate their claims and pharmacies can do so while the class action proceeds. In addition, TRUST LLC will be investigating whether to pursue Claims against other PBMs which are not currently named in the class action.
Can I talk to someone for more information?
Yes. You can visit www.FightPBMs.com. The website is run by the same law firms representing the class-action lawsuit. All you have to do is provide your information and someone will contact you to answer your questions.
Will I have to pay to be represented by TRUST LLC?
Representation is completely free to NCPA member locations. Pharmacies that are not members of NCPA will pay $1,000 per store. NCPA membership is $435 for the first store and $150 for each additional store.
How much money can I win in arbitration?
Your award will be based on how much money the PBM(s) wrongfully assessed against your pharmacy in the past four years. The reason we are limited to four years is because that is the legal statute of limitations.
Will my participation be made public? I’m concerned about retaliation.
Your participation will not be made public, but there will be a time when we will notify the PBMs that TRUST LLC is pursuing claims against them. However, that notification is several months away.
