5th Circuit Affirms Order Denying Judicial Review Of Part D Coverage Dispute

5th Circuit Affirms Order Denying Judicial Review Of Part D Coverage Dispute

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 1 affirmed a federal trial court order denying judicial review of a challenge to the U.S. Department of Health and Human Services (HHS) Medicare Part D rule allowing prescription drug plans (PDPs) to establish preferred pharmacy networks. The appeals court found that the limited exception to the requirement of exhausting the administrative appeals process does not apply in the instant case (Southwest Pharmacy Solutions Inc. v. Centers for Medicare and Medicaid Services, et al., No. 12-40097, 5th Cir.; 2013 U.S. App. LEXIS 8923).

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