At the end of June, Richard Blumenthal – our Connecticut Attorney General – announced he would be investigating CVS Caremark pharmacy for threatening to end their discount drug program known as Health Savings Pass. The discount program asks customers to pay $10 per year for access to 3 month supplies of 400 different generic drugs at reduced prices ($9.99 per refill), in addition to other benefits. The Attorney General’s office argues that state law obligates pharmacies to charge Medicaid the lowest drug price they offer (which in CVS’s case would be this programs $10 per year per customer fee). Therefore, Blumenthal contends that CVS must offer this discount drug program to Medicaid customers too. In a company statement released Wednesday June 23 CVS disagreed and threatened to end the program in Connecticut if it were required to give this discount to Medicaid recipients because doing so would make the program “economically unfeasible to continue.”
CVS and the Connecticut Attorney General’s office have sparred on this issue once before. Last session, when CVS officials disagreed with the state’s interpretation of the law the General Assembly passed a bill which clarified the requirement that pharmacies charge CT Medicaid the lowest price offered to consumers. But even now, with little ambiguity left in the law, CVS claims it should not be required to fulfill this obligation because the program was originally developed for uninsured and underinsured individuals, not with Medicaid recipients in mind. Because CVS on its member enrollment forms reserves the right to cancel the voluntary program for any reason, and because it is not required to continue the program by law, the company may indeed terminate the program if Blumenthal continues to push CVS.
CVS has until July 9 to comply with the Attorney General’s subpoena for information on CVS’s threat to cancel the program in Connecticut, which Blumenthal claims is inconsistent with the company’s practices in other states where CVS and other pharmacies have extended their discount drug program to Medicaid beneficiaries. Blumenthal – currently a candidate for Senate to replace retiring Senator Christopher Dodd (D-CT) – hopes his office will be able to force CVS to comply with the law and its practices in other states, as extending this program to Medicaid enrollees would save thousands of pharmaceutical cost dollars, helping to rein in out of control health care costs.
If Blumenthal is unsuccessful, the thousands of uninsured under-65′s and Medicare beneficiaries who rely on the program to stay out of the donut hole coverage gap may find their discount prescription drugs in jeopardy.





