Arkansas sues pharmacy benefit managers for alleged role in fueling opioid crisis

LITTLE ROCK, Ark. (AP) — Arkansas on Monday sued two pharmacy benefits managers who oversee coverage for insurers, employers and other large clients, accusing them of fueling the state's opioid crisis.

Attorney General Tim Griffin filed suit against Express Scripts Inc. and Optum Inc., as well as their subsidiaries, in state court.

Drug plan managers manage prescription drug coverage for large customers, which include health insurers and employers that provide coverage. They help decide which drugs should be included on a plan's list of covered drugs. They can also determine where patients should go to get their prescriptions filled.

Griffin's lawsuit says the companies took advantage of the opioid crisis “by negotiating favorable deals with opioid manufacturers and failing to take sufficient action to curb excessive opioid prescribing.”

“For at least two decades, defendants played a central role in facilitating the oversupply of opioids,” the lawsuit states. “Defendants ignored safeguards necessary to ensure increased prescriptions and sales of opioids. »

In a statement, Optum said it had taken steps to combat the opioid epidemic and would defend itself against the Arkansas lawsuit.

“Optum did not cause or make the opioid crisis worse, and we will defend ourselves in this litigation,” the company said in a statement. “Optum takes the opioid epidemic seriously and has taken a comprehensive approach to combating this problem, including the Opioid Risk Management Program available to all Optum Rx customers, to combat the opioid abuse and promote patient health.

Express Scripts did not immediately respond to a request for comment.

According to the lawsuit, opioids were the most commonly prescribed class of controlled substances in Arkansas in 2022, and Arkansas had the second-highest opioid prescription rate in the country that year.

State and local governments have filed thousands of lawsuits over the impacts of the opioid crisis. The complaints have included drug manufacturers, wholesalers, pharmacy chains and other companies that have engaged in deceptive marketing practices and failed to stop the flow of powerful prescription painkillers into the black market.

Many major cases have been settled, with proposed and finalized deals worth more than $50 billion – most of which will be used to combat the opioid crisis. A federal judge who oversees federal opioid prosecutions is preparing cases involving pharmacy benefit managers for trials, perhaps a precursor to settlements.

In recent years, opioid overdoses have been associated with approximately 80,000 deaths per year in the United States. The majority of these deaths have recently involved fentanyl and other powerful drugs that are illegally produced in labs and often used to compound other illegal drugs.

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Lawsuits in Arkansas