Dayton Daily News

Report on pharmacy middleman pricing to remain secret — for now

- By Catherine Candisky and Lucas Sullivan

Plans to release COLUMBUS — a report documentin­g the costly practices of pharmacy middlemen were shelved by Ohio Medicaid officials on Tuesday at the request of a judge reviewing claims by CVS Caremark that the analysis contains confidenti­al informatio­n and trade secrets.

Franklin County Common Pleas Judge Jenifer French asked for the delay to allow CVS Caremark time to identify informatio­n in the 51-page report that it considers proprietar­y and believes should be redacted before the report is released to the public and lawmakers.

French did not rule on CVS’ request for a temporary restrainin­g order to block the report’s planned release late Tuesday afternoon. Instead, she ordered Medicaid and CVS officials back to court on July 25 after they’ve had a chance to discuss the concerns. She also asked to privately review a copy, which shows higher-than-industry costs paid by taxpayers to cover Medicaid patients’ drugs.

“I would like the parties to sit down ... and hopefully reach some agreement on what can or cannot be disclosed,” French said.

During the 30-minute hearing, CVS attorney Kevin R. McDermott told French, “This is a classic trade secret, proprietar­y informatio­n case.”

“What’s baffling here is ... this informatio­n was accepted by the Department of Medicaid to be confidenti­al (until their) sudden change of position Friday,” he said.

“There is something wrong here. There’s just something wrong. Every step of the way this was received and treated as confidenti­al ... This report should be withheld until trade secrets can be expunged.”

At the request of The Dispatch, Ohio Auditor Dave Yost and some lawmakers, and over the objections of CVS, Medicaid officials announced Friday that they would reverse an earlier decision and release the report. In June, they provided only an executive summary, arguing that the full report contained proprietar­y informatio­n.

Sources involved with the discussion­s between Medicaid and Yost’s office said there was an agreement in place to release the full report to the auditor last week. Medicaid officials changed course on Friday and decided to release the entire report to the public.

CVS went to court Monday to block the release of the commission­ed report, which cost $50,000.

Dennis Hetzel, executive director of the Ohio News Media Associatio­n, said keeping vital informatio­n such as health care costs from the public is inappropri­ate.

“The confidenti­al trade secret exemption is one of the most abused section of Ohio’s open records law,” Hetzel said. “This matter is so obviously in the public interest that it has to transcend any potential damage CVS might claim.”

According to the executive summary, pharmacy benefit managers, or PBMs, billed taxpayers $223.7 million more for prescripti­on drugs in a year than they reimbursed pharmacies to fill those prescripti­ons.

That 8.8 percent difference, known as the price spread, represents millions kept by CVS Caremark, PBM for four of Medicaid’s five managed care plans, and Optum Rx, the PBM for the other. Largely passthroug­h operations, PBMs are employed to negotiate drug prices with manufactur­ers and process drug claims.

The study said PBM fees should be in the range of 90 cents to $1.90 per prescripti­on. CVS Caremark billed the state about $5.60 per script; Optum charged $6.50 — three to six times higher.

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