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Arizona Attorney General Mayes sues pharmacy benefit managers over opioid epidemic

Oxycodone opioid painkiller pills on a table in front of an open prescription pharmacy bottle
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Arizona Attorney General Kris Mayes is suing a pair of pharmacy benefit managers. The lawsuit alleges Optum and Express Scripts helped fuel Arizona’s opioid epidemic.

Pharmacy benefit managers are middle-men between insurance companies, drug makers and pharmacies.

Mayes’ consumer fraud lawsuit, filed in Maricopa County Superior Court on Thursday, says these companies have faced little scrutiny over their role in the opioid crisis. But the lawsuit says for more than two decades Optum and Express Scripts collaborated with opioid manufacturers to promote the drugs.

“Basically they were just trying to move as many prescriptions for opioids as quickly as they could to make as much money as they could,” said Richie Taylor, a spokesperson for Mayes’ office.

The lawsuit alleges the companies distributed materials downplaying opioids’ addiction risks, and agreed not to impose steps like prior authorization, which might have slowed opioid dispensing by requiring physicians to confirm prescriptions were therapeutically appropriate.

The lawsuit notes thousands of Arizonans have died from opioid overdoses.

“[Pharmacy benefit managers’] conduct significantly increased the availability of opioids in Arizona, contributing to addiction, overdose, and death, and imposing billions of dollars in healthcare, emergency‑response, and societal costs,” a press release from Mayes’ office said.

The lawsuit asks for restitution, civil penalties, corrective programs and a court order prohibiting the companies from continuing the challenged practices.

In a statement to KJZZ, an Optum spokesperson denied the allegations in the lawsuit. 

"This lawsuit is a misdirected attempt to cast blame on Optum for a public health crisis caused entirely by other actors. Optum did not contribute to this crisis, and on the contrary has been a leader in fighting opioid abuse — proactively and vigorously working for years to implement solutions and support affected communities," the spokesperson wrote.

Express Scripts did not reply to KJZZ’s request for comment. 

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Katherine Davis-Young is a senior field correspondent reporting on a variety of issues, including public health and climate change.