CAMBRIA COUNTY, Pa (WJAC) — Attorneys representing customers and patients of Martella’s Pharmacies are reacting to a statement recently made by the Pennsylvania Department of Human Services during an inquiry into the ongoing dispute between the locally-owned pharmacy chain and the PBM Express Scripts.
The continued fallout comes just days after Express Scripts eliminated Martella’s from its network.
The attorneys say they are now waiting for a judge’s ruling after several legal requests were made, including a request for a temporary restraining order, to delay Express Scripts actions.
Attorney Timothy Wojton is one of the lawyers representing the plaintiffs or patients in the ongoing legal battle with Express Scripts.
He described the statement made by the DHS as “curious,” particularly because of Governor Shapiro’s involvement in passing laws to protect small pharmacies against pharmacy benefit managers.
In a statement provided by a DHS spokesperson on Thursday, the agency claimed that they were notified of Express Scripts removing Martella’s from its network coverage.
The statement went on to say that the department reviewed the area’s pharmacy network adequacy, to ensure the continued care for people who may need to find a new pharmacy, with the agency stating it had “no concerns.”
Wojton says he finds that statement ‘curious,’ considering the Governor’s signing of Act 77 last year, which he says was specifically designed to address the alleged harms, from PBMs, that much of their case is based upon.
He says that the law was designed to protect small pharmacies against PBM practices, such as patient steering and spread pricing, which are types of behaviors that they allege in their complaint.
He also adds that residents in rural areas rely heavily on pharmacies like Martella’s.
“There are over 2,500 people, residents of Pennsylvania, who signed petitions expressing their concern. These are people who could lose their healthcare, their prescription drug benefits.”
In an updated response provided Friday by the DHS, the department said, “after the notification, the department took action to review the availability of both in-person and by-mail options in the area and identified 57 alternative options, in-network pharmacy locations, that can provide continuity of care for former Martella’s customers.”
Wojton says that they are expecting a ruling from the judge on either their motion to remand the case back to state level or their motion to obtain another injunction.
He says his message to customers and patients at Martella’s is to hold on, and that they are working at the matter aggressively.