Thursday, April 24, 2025

AG Gets TRO Protecting Independent Pharmacies

 Attorney General Lynn Fitch issued the following statement. 

Yesterday, Attorney General Lynn Fitch sought and secured a temporary restraining order (TRO) against GoodRx, Inc.; GoodRx Holdings, Inc.; MS CVS Pharmacy, LLC; and Inside Rx, LLC, stopping them from forcing pharmacies to take discount card program reimbursements involuntarily, in violation of Section 83-9-6.1, Miss. Code Annotated. The TRO, issued by the Harrison County Chancery Court, can be found here.

General Fitch made the following statement:

"For years, Mississippi’s independent pharmacies have been forced to take artificially low reimbursements because the PBMs have used their influence and leverage to effectively force non-negotiable contracts on them. These small business owners are already operating on razor-thin profit margins and this unfair PBM practice, especially when coupled by fees levied by GoodRx, often means they spend more to fill a prescription than they make on it. Ultimately, they’re having to shutter their businesses, leaving Mississippians, especially those in rural areas, with few options as they seek medical care.

This is wrong. And it is against Mississippi law. Mississippi is fighting back and we achieved an important victory.

I am proud to stand beside our independent pharmacists and will continue to work to prevent PBMs from taking advantage of Mississippians and compromising your care."




 

33 comments:

Anonymous said...

I guess the China law suit didn't go well?

Anonymous said...

Is there a LIST, or a MAP showing where Mississippi's Independent Pharmacies are located? It would be a great image to have in one's computer, for when it's time to buy anything pharmacy-related.

Anonymous said...

This is really a big deal for patients (consumers) and MS is lagging in defense of its independently owned/operated pharmacies (i.e. small businesses). The MS congressional delegation needs to follow suit and propose legislation that would level the playing field by cutting out the middle-men. As it stands, PBM's can force smaller competition out of business by reducing drug reimbursements. This also gives them leverage to artificially inflate drug prices. I don't own a local pharmacy but I have used several.

Anonymous said...

I literally just came home from picking up my prescription from the Pharmacy. Retail price is $208.99, with GoodRx discount, it’s $43.57. This is a good thing. I worked in hospital for 30 years, and had many patients say they can not afford the medication! Pharmaceutical Companies price medications as to profit as much as possible, reasonable profit should suffice. As my father stated about this, “ it is man’s inhumanity to man”

Anonymous said...

Good job! This needed to be done

Anonymous said...

P.S.—-that price was for 1 months supply. 1 year is$2507.88 retail, $522.84 w/ GoodRx. Saving me $1985.04. This is for medication that I can survive without. Thankfully I can afford it with the GoodRx discount.

Anonymous said...

If it doesn't say CVS, Walgreens, or Rite Aid and isn't tied to a big box shop (Walmart, Kroger, etc), it's a safe bet it's locally owned.

Anonymous said...

If the Congress-critters did that they wouldn't get their palms greased.

Anonymous said...

TRO will be dissolved - not how to deal with this but Fitch isn’t a lawyer

Anonymous said...

I do business with independent pharmacies nationwide. Recently a customer in a small Texas town told me he filled an Rx that cost him $1000 and he made $5, not counting his time, the bottle, overhead of running a business and had to wait a month for the insurance company to pay him...Locally the independent pharmacy I use is glad I buy two of my specialized medicines at a chain as they would lose money on them.

Anonymous said...

Good move by the AG. This is a problem that needs correcting.

Anonymous said...

Thanks for making prescriptions more expensive. Many state employees use good rx because state health ins is worthless

Anonymous said...

Interesting. On April 1, Lynn’s office was in front of the Fifth Circuit (AbbVie v. Fitch) on a case where they are tying to force drug companies to sell products at a discounted rate. Okay me and not for thee?

Anonymous said...

Mississippi Independent Pharmacies Association (https://mipa.ms/) but this would only represent those pharmacies that are members.

There’s also the National Community Pharmacists Association (https://ncpa.org/pharmacy-locator)

Anonymous said...

Something does need to be fixed. Good Rx as the example. Yea, it can cut your cost, but it puts the independent pharmacy out of business. Once the independents are gone, it creates a monopoly and that monopoly can charge whatever it wants.

Anonymous said...

I am not in the Rx business, but do know that local independent pharmacies actually care about you. The PMO's care about a number. Bottom line. Something needs to be done in this situation.

Anonymous said...

My bad, intended to emphasize, medication I can not survive without.

Anonymous said...

CVS Madison US-51 sucks. I moved to Service Drugs Madison after being with CVS for 25+ years (multiple locations). They used to be great but corporate has ruined them.

Anonymous said...

Interesting bunch of differing opinions on this - which makes it clear that the G (I'm not sure she is an A; hasn't proven it yet) ought to get out of the way on this.

If one wants to use Good Rx and get a better price on their meds by paying the monthly fee - great for them.

If one wants to go to their friendly local independent pharmacy and get their meds - great for them.

If one wants to go to Walgreens (and hope you get waited on sometime today) for your meds - fine for you too.

If one wants to drive through at Kroger, and get your meds there (with a Good card -------- or not) - I'm all for you too.

If an independent doesn't want to sign up to the Good Rx (or other) program, great. Its your business, you run it as best for you.

Unlike some say (I'm sure its not all done independently and without coordination; on both sides) this isn't a problem and/or isn't a problem that needs fixing.

Both sides spent millions fighting this kind of stuff in the legislature the past couple of years and its still not settled. Just because of the above - there are way too many sides with way too many swords attempting to gorge the others. And they all have good arguments based on how it affects their constitutents.

Anonymous said...

I don't see how any such ruling can be limited only to "independent" pharmacies.

There is obviously way more to this than meets the eye.

Anonymous said...

I think the TRO is really stupid. And so should a lot of men reading this. If you want to pay $1-3 for each tablet of Cialis, support this TRO. If you want to pay 10-cents a tablet (thank you Good Rx), this is really a bad move by the AG.

Anonymous said...

This is confusing. GoodRX is a discount card not a PBM

Anonymous said...

It's a bait and switch mechanism well recognized by past instances of corporations establishging a monopoly. They give you a means of discounts which accomplish two things: they squeeze local and independent competitors out who cannot compete, and they enlist the willing support of those getting the discounts (just look at some of the comments in this string). But once they take over it all, you'd be a fool to think their prices and profits won't rise.

Anonymous said...

Can I projectile vomit on Lynn Fitch and choke a. Lumumba at the same time

Anonymous said...

The pharmaceutical companies make BILLIONS of dollars in profits. The fact that many patients can not afford the medicines they need to survive is sickening in itself. They are businesses, and must profit to exist, but excessive profit is, mans inhumanity to man, as my father stated. He was a physician, and saw firsthand how the drug reps pushed their products to physicians.

Anonymous said...

so the government is propping up failing business or a failing business model?

Anonymous said...

As a retiree on Medicare, I have a drug plan, Silver Scrip, owned by CVC and it requires that I use CVS pharmacy in order to receive that conglomerate's pricing. If I use a different pharmacy, I don't get the same pricing, always higher.

I don't know if this lawsuit will have any bearing on my situation or not.

Anonymous said...

"Good move by the AG. This is a problem that needs correcting."

Sez one of the girls back in the breakroom by the coffee pot in Lynn's office.

If they can hang on a while longer, they'll all be PERS vested.

JimAtTheRez said...

Good for AG Fitch. This may be symbolic at best, but PBM reform (the biggest issue facing the practice of pharmacy) was killed in the House this year by Speaker White due to lobbyists' dollars. It has happened in almost all of the states around us, so maybe next year. Anyway, maybe the local pharmacists who take care of so many patients in our state can hang on and try to defeat the PBM lobby next year. BTW, do a little research on PBMs (Pharmacy Benefit Managers). Your pharmacist would appreciate it.

Anonymous said...

Thank you, 3:20! But I don't click on sites which may contain whitelisted spyware. (unless it's on a burner laptop, and on someone else's wifi) Independent pharmacists should produce a map I could find, via an IMAGE SEARCH, then copy into a 'Pictures' file.

Anonymous said...

I am having a having a difficult time understanding how a program, GoodRx, which saves me $1985.00/year, roughly $160.00/ mth, is a considered a bad thing. Attorney General wants to end this. How is this looking out for me, and the many other people who must utilize any discounts available to afford needed medications?

Anonymous said...

@ 6:13 pm Exactly. This benefits Lynn, who will expect a check from the Mississippi Independent Pharmacies Association.

Also, only someone with no legitimate success would tout a TRO as a victory. It's basically a timeout, you still have to win the game.

Finally, isn't Lynn supposed to be throwing shade at the use of TROs? As in, all the TROs and Preliminary injunctions Trump is crying about? Is the FBI going to come arrest this judge?

Anonymous said...

From supply chain issues to insurance price increases to tariffs increasing grocery prices increasing…eventually us average working class people can not afford basic living cost anymore, and stop
Spendiing on anything but basic necessities. What happens to the economy then?


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