ST. LOUIS--(BUSINESS WIRE)--May 27, 2008--Express Scripts, Inc.,
announced today that the Company and the Attorneys General of 28
states and the District of Columbia entered into an Assurance of
Voluntary Compliance and Discontinuance (AVC).
The agreement resolves an investigation initiated in 2004 and
which did not result in litigation by the Attorneys General against
the Company. The AVC precludes future litigation against the Company
by the Attorneys General under state consumer protection and antitrust
laws in areas that were the subject of the investigation.
Express Scripts said that its business practices, which are
conducted in accordance with its client contracts and client pledge,
comply with essentially all requirements of the AVC. Only minor
adjustments in certain procedures will bring it into full compliance
with the AVC.
The Company also does not admit any of the assertions made by the
Attorneys General in the AVC. In particular, Express Scripts said that
it has implemented and continually refined its procedures to ensure
that any drug switches were safe and appropriate, and intended lower
costs for both its clients and plan sponsors. The Company also said
that its disclosures to clients have been forthright and adequate.
In connection with the AVC, the Company will pay $9.5 million, of
which $9.3 million will be apportioned among the states and the
District of Columbia and $200,000 will be allocated for payments not
to exceed $25 each to patients for physician visits and tests related
to drug switches between brand statin drugs. These amounts had
previously been fully reserved and, thus, there will be no effect on
the Company's results for the second quarter of 2008 or any future
period.
Express Scripts, Inc. (Nasdaq:ESRX) is one of the largest PBM
companies in North America, providing PBM services to thousands of
client groups, including managed-care organizations, insurance
carriers, employers, third-party administrators, public sector,
workers compensation, and union-sponsored benefit plans. Express
Scripts is headquartered in St. Louis, Missouri. More information can
be found at http://www.express-scripts.com.
CONTACT: Express Scripts, Inc.
Media Contact:
Steve Littlejohn, 314-996-0981
slittlejohn@express-scripts.com
SOURCE: Express Scripts, Inc.