Butzel Long attorney Mark Lezotte interviewed in the Macomb County Legal News Asked and Answered
Asked & Answered: Addressing issues surrounding 'gag rules' and 'clawbacks'
Two bills have been introduced in the U.S. Senate to prohibit insurers and pharmacy benefit managers from putting “gag clauses” in contracts.
The clause prevents a pharmacy from telling customers they can buy a drug cheaper out of pocket instead of going through their insurance plan.
The rise of high-deductible health plans where more of the cost burden is shifted to the consumer has put pharmacists in a position to unwillingly collect these inflated copays.