Walgreens just agreed to a $100M settlement involving a case where they were alleged to charge insured patients more than cash pay patients.
Now, you might be thinking... wait a minute... isn't this how hospital pricing works... the "negotiated" or "discount" rate for insured patients is often more (MUCH more) than the cash rate? And you'd be right. But I haven't seen any class actions against hospitals or insurance carriers... probably because the whole house of cards would crumble.
The $100 million class-action lawsuit against Walgreens claimed that the pharmacy giant manipulated its “usual and customary” (U&C) price reporting to overcharge insured customers. Walgreens offered significant discounts on hundreds of generic medications through its Prescription Savings Club (PSC), where cash-paying members could access prices as low as $5, $10, or $15 for a 30-day supply. However, instead of reporting these lower cash prices as the U&C rate, which would have applied to insured customers as well, Walgreens allegedly reported much higher prices to insurers. This practice violated industry standards, which require the U&C price to reflect what a cash-paying customer would typically be charged. As a result, insured customers ended up paying inflated copays and deductibles, often at a far higher rate than those purchasing the same medications directly through the PSC without insurance. The complaint argued that Walgreens’ practice was deceptive and led to significant overpayments by insured patients, employers, and health plans.
Folks - this happens every day with carriers and hospitals. Employers think they are getting a great negotiated discount from using carrier networks, but the numbers show that they are getting hosed - and so are their employees who may be on the hook for a substantial amount of the inflated costs because of huge deductibles.
A cardiac MRI with a cash price of $1,218 is billed at a “discounted” rate of $3,678 for UnitedHealthcare patients—a staggering 200% markup. A defibrillator priced at $21,088 for cash-paying patients shoots up to $78,395 under United’s “negotiated” rate, marking it up by more than 270%.
Why? Hospitals set artificially high sticker prices (chargemaster rates), and then insurers negotiate discounts off those inflated amounts. But these “discounted” rates are still far higher than the cash price. And, because patients are often required to use in-network providers, they’re locked into paying more—even though they have insurance.
So ... how is the Walgreens case any different from business as usual with hospitals and carriers agreeing to pay inflated prices. Actually... not just agreeing...but mandating that employers and employees pay inflated prices.
Who is looking out for purchasers... certainly not carriers... definitely not hospitals... and I even question whether the folks signing the contracts for employers are looking out for their own members. Ignorance is no longer an excuse.