Caremark- CVS Merger
In March 2007, Caremark Rx, Inc. completed its merger with CVS Corporation. This union has had a significant negative impact on patients’ access to the pharmacy of their choice as Caremark Rx, Inc. has been forcing its insured to get their prescriptions from out-of-state mail order warehouses and away from their local community pharmacist. In addition, CVS pharmacy benefit managers have steered patients to their own drugstores by raising co-pays for drugs bought elsewhere or by requiring that they be purchased at CVS. This has particularly been difficult for some patients who have been with the same pharmacy for literally decades.
Eight members of Congress — four Democrats and four Republicans — have asked the Federal Trade Commission in a letter to reopen its investigation into the 2007 merger, citing concerns about competition and consumer privacy. In a letter signed by Reps. Anthony Weiner, D-N.Y.; Marion Berry, D-Ark.; John Boozman, R-Ark.; Michael Acuri, D-N.Y.; Mike Rogers, R-Mich.; Walter Jones, R-N.C.; Robert Aderholt, R-Ala.; and Lloyd Doggett, D-Texas, the lawmakers said the merger created opportunities for the company to enrich itself at the expense of competition and consumers.
Among the company’s practices have been putting consumers on a “maintenance choice” program, under which they can only get their prescriptions by mail or at CVS pharmacies, without their permission; charging lower co-pays to members who fill their prescriptions at CVS pharmacies; misusing information collected by Caremark to find out if customers are using non-CVS pharmacies, and then advising them not to; and co-branding its prescription drug card in a way that falsely suggests it can only be used at CVS pharmacies, the letter said.
While the FTC is looking into the issues revolving around the merger, privately owned pharmacies continue to lose their patients and long time customers thanks to the company’s practices. We can assist these pharmacies in protecting their rights against such practices.
Caremark is not letting me fill on-going (maintenance) meds at my local pharmacy of choice. Is your firm currently fighting this? I'm interested in how it plays out for me as the consumer, as well as for other businesses.
-Elizabeth Justice, Esquire
I am having the same issue as elizabeth justice. I strongly believe that it is a violation of my freedom to take away my choice of pharmacy. This maintence choice program is forcing me to use only Cvs, which is out of my way, employees are rude, and they charged me more for a generic prescription than my old pharmacy. Overcharged me by at least $1, pending on how you look at it, could be $3 overchaged. If they forced 1 million people to use Cvs through this merger they would be making millions off people. They are taking advantage of me and us, just to make a buck.
Health Net is forcing a California patient with chronic pain to use a CVS Caremark Pharmacy in Miramar Florida to fill his Oxycodone prescription. The patient was taking the pain medication for 4 years successfully until the introduction of Oxycontin OP. Patient suffered severe side affects with OP. Patient was able to find a well known local compounding pharmacy that could and would fill the prescription. Patient paid out-of-pocket and asked HN for reimbursement. After a 3 month fight with massive documentation we won and HN agreed to reimbursement patient for 4 refills totalling $3,516.00. After that decision HN now tells patient he must use CVS Caremark pharmacy in Florida. Send the narcotic med prescription by mail or overnight Fed. Ex. Is it not illegal to mail or overnight a Schedule II Narcotic medication, especially across state lines? There is no time lapse for a patient to be out of this kind of narcotic medication. Patient wants to continue using the local pharmacy but HN says "no" b/c it is not "contracted" with HN. HN says there are no local compounding pharmacies in California "contracted" with HN so patient must use this "mail order" CVS Caremark Pharmacy in Florida. It's absurd. If there isn't a Class Action lawsuit already about this kind of practice of Health Net there should be. We'd like to start one.