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Judge grants stay in case against pharmacy DIR fees

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ALEXANDRIA, Va. The National Community Pharmacists Association and the American Pharmacists Association today issued the following statement in response to a decision by the U.S. District Court for the District of Columbia to grant a stay the case, NCPA v. Becerra, which challenges the legality of retroactive pharmacy price concessions, also known as pharmacy direct and indirect remuneration fees:

“We are pleased by the court’s decision to grant our request for a stay, or a pause in the litigation, until the recently proposed rule potentially addressing retroactive pharmacy DIR fees is finalized. We are currently analyzing the proposed rule to determine whether it addresses our longstanding concerns with retroactive pharmacy DIR fees, and we plan to submit comments reflecting our analysis. Since our litigation also seeks to end retroactive pharmacy DIR fees, we believe, and the court agreed, that a pause in the case is appropriate pending the outcome of the rulemaking process.”

NCPA and APhA are joined in the case by the Coalition of State Rheumatology Organizations, Fruth Pharmacy of West Virginia, Hi-School Pharmacy of Washington, Kare Pharmacy of New Mexico, and Tyson Drugs of Mississippi.


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