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Jerry Beeman Pharmacy Services, Inc. v. Tdi Managed Care

Citation: 449 F.3d 1035Docket: 04-56369

Court: Court of Appeals for the Ninth Circuit; June 1, 2006; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a group of pharmacies (Plaintiffs-Appellants) who filed a lawsuit against Pharmacy Benefit Managers (PBMs) (Defendants-Appellees), alleging violations of California Civil Code sections 2527 and 2528. The dispute centers on the PBMs' failure to conduct and distribute studies on pharmacy fees, as mandated by the statutes, which the pharmacies argue constitute a procedural injury impacting their reimbursement rates. The district court dismissed the claims due to a lack of 'injury in fact' necessary for Article III standing. On appeal, the court applied de novo review to the standing issue and statutory interpretation, finding that the pharmacies demonstrated a concrete interest protected by the statutory procedures, thereby establishing standing. The appellate court reversed the district court's decision and remanded the case for further proceedings. The decision highlights the pharmacies' assertion of procedural injury and the legislature's intent for PBMs to provide transparent pricing information to ensure fair reimbursement negotiations. The appellate court declined to address the PBMs' First Amendment challenge to the statutes, as it was not raised at the district court level.

Legal Issues Addressed

Article III Standing Requirements

Application: The appellate court evaluates whether the Pharmacies demonstrated 'injury in fact' to establish Article III standing and reversed the district court's dismissal of their claims.

Reasoning: The district court dismissed their claims, citing a lack of 'injury in fact' necessary for Article III standing.

California Civil Code Section 2527

Application: The statute mandates PBMs to conduct bi-annual studies on pharmacy fees, which the Pharmacies claim would reveal true market rates and support their procedural injury claim.

Reasoning: California Civil Code section 2527 mandates that prescription drug claims processors conduct studies of pharmacy fees for dispensing services, with section 2527(d) requiring delivery of study reports to relevant clients every 24 months.

California Civil Code Section 2528

Application: This section allows pharmacies with a contractual relationship to seek civil remedies against PBMs for failure to provide required studies, supporting their standing argument.

Reasoning: Section 2528 states that violations may result in civil remedies. Pharmacies with a contractual relationship with a client of a prescription drug claims processor can bring actions for civil remedies.

Causation and Redressability in Standing

Application: The Pharmacies must demonstrate that the lack of studies is the 'but for' cause of their alleged injury and that redressability exists through potential changes in reimbursement rates.

Reasoning: However, the Pharmacies maintain that the pertinent issue is whether the procedural failure is the 'but for' cause of their injury.

Procedural Injury and Standing

Application: The Pharmacies argue that the PBMs' failure to conduct and provide studies constitutes a procedural injury that affects their concrete interests, thus satisfying standing requirements.

Reasoning: The Pharmacies assert that the PBMs' failure to conduct and provide studies constitutes a procedural injury, akin to violations under similar procedural statutes like NEPA.

Statutory Interpretation and Legislative Intent

Application: The Pharmacies argue that the legislature intended for the mandated studies to inform market participants and facilitate fair reimbursement negotiations.

Reasoning: The Pharmacies argue that the Legislature intended for accurate information on free market drug pricing to enable informed decisions by market participants and third-party payors regarding fair reimbursement rates.