Express Scripts allegedly committed misconduct while managing pharmacy programs.

Express Scripts agreed to pay $9.3 million to 28 states and the District of Columbia to resolve claims that its drug switching programs were unfair and deceptive. The company was accused of overstating the cost benefits of switching to certain brand-name medications and not clearly disclosing that rebates accrued from the drug switching process would be earned by Express Scripts. Express Scripts also agreed to pay up to $200,000 in reimbursement to patients who incurred expenses related to switching between cholesterol-controlling drugs called statins. In July 2008, Express Scripts settled similar claims with New York State (see ESHC instance, “Drug Switching – New York Settlement”).