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The CVS Caremark pharmacy benefit manager improperly reported generic drug prices to the federal government, causing Medicare and its beneficiaries to overpay for medicines, while pocketing a difference in pricing, according to a lawsuit filed by an actuary at the Aetna health insurer.

The lawsuit revolves around complicated, behind-the-scenes contracts between pharmacy benefit managers and Medicare Part D plans, and the pricing that must be reported to the Centers for Medicare and Medicaid Services.

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In this instance, CVS Caremark allegedly paid pharmacies lower prices for generic drugs than what Medicare Part D plans were charged, despite regulations that require reporting the actual cost of a drug after any discounts or rebates that are passed along to companies that run, or sponsor, Part D plans. The improper reporting allegedly cost CMS and Medicare beneficiaries more than $1 billion.

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