AG: Express Scripts to pay $3.2 million for failing to follow worker’s comp pricing procedures

BOSTON — Express Scripts Inc. has agreed to pay $3.2 million for allegedly failing to follow prescription pricing procedures in the workers’ compensation insurance system, Attorney General Maura Healey said Monday.

Paperwork filed in Suffolk Superior Court alleges that in some circumstances Express Scripts failed to apply various regulatory benchmarks – like the Federal Upper Limit for Medicare and the Massachusetts Maximum Allowable Cost – to its pricing determinations for certain workers’ compensation insurance prescription drug charges.

According to the settlement, these failures allegedly occurred on various injured worker prescriptions filled in Springfield, Boston, and Worcester at Walgreens, CVS, and Rite Aid locations.

“Employers need a workers’ compensation system that is functional, transparent, and affordable,” Healey said in a statement. “Our office will take action to ensure pharmacy benefits managers follow procedures and do not drive-up costs in our workers’ compensation system.”

Under the Commonwealth’s Workers’ Compensation system, when employees are hurt on the job, they are entitled to lost wages, compensation for injuries, and payments for certain injury-related expenses. The system sets limits for the cost of prescriptions for injured workers and requires companies to validate prices against certain regulatory benchmarks before processing their charges.

The terms of the AG’s settlement require Express Scripts to implement procedures to prevent overcharges in the workers’ compensation insurance system. The settlement also ensures that Express Scripts will cooperate with the Attorney General’s monitoring of the company’s future regulatory compliance.

This case is part of an ongoing review by the Attorney General’s Office into prescription pricing procedures in the workers’ compensation system.

Healey has now reached settlements with Express Scripts, Optum Rx, Walgreens, Stop & Shop, and United Pharmacy for workers’ compensation drug pricing violations totaling approximately $16 million.

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