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Judge grants stay in case against DIR fees

Judge grants stay in case against DIR fees

ALEXANDRIA, Va. – A U.S. District Court for the District of Columbia has granted a stay in a federal case that challenges the legality of 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,” the National Community Pharmacists Association and the American Pharmacists Association said in a statement. “We are currently analyzing the proposed rule to determine whether it addresses our longstanding concerns with retroactive pharmacy DIR fees, and we play 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.” 

The NCPA and APhA are joined in their 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. They filed the case in January. 

The NCPA represents nearly 19,400 pharmacies that employ 215,000 individuals nationwide. 


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