I am a Senior Pharmacy Benefit Contract Analyst for a state public-employee prescription drug benefit covering one hundred and eighty-four thousand members, and when I tied out two contract years of monthly file exchanges on a Sunday afternoon I saw that the rate the pharmacy benefit manager — whose VP of Network Strategy had sent me a thank-you Rioja from his bodega in Logrono after a national policy panel — was paying pharmacies for generic fills was not the rate they had been billing the state under the contract’s pass-through clause that he had initialed in his own handwriting beside mine.

I am a Senior Pharmacy Benefit Contract Analyst for a state public-employee prescription drug benefit covering one hundred and eighty-four thousand members, and when I tied out two contract years of monthly file exchanges on a Sunday afternoon I saw that the rate the pharmacy benefit manager — whose VP of Network Strategy had sent me a thank-you Rioja from his bodega in Logrono after a national policy panel — was paying pharmacies for generic fills was not the rate they had been billing the state under the contract’s pass-through clause that he had initialed in his own handwriting beside mine.
My name is Lupe Sandoval.
I am a Senior Pharmacy Benefit Contract Analyst.
Bruce Fuentes thought a master agreement could be administered with industry effective-rate gloss, but he did not redraw Section 4.2 of the contract he initialed.
I serve as a Senior Pharmacy Benefit Contract Analyst in the Healthcare Policy and Benefits Division of the Connecticut Office of the State Comptroller in Hartford, Connecticut.
The Division administers the State Plan of Connecticut public-employee prescription drug benefit for approximately one hundred and eighty-four thousand active employees, retirees, and dependents.
I have served as a Senior Pharmacy Benefit Contract Analyst in the Division for the past seven years.
I hold the America’s Health Insurance Plans Specialty Pharmacy Certification and a Juris Doctor with the Connecticut Bar number for the past eleven years.
The State Plan of Connecticut prescription drug benefit is administered under a master pharmacy benefit management services agreement between the Office of the State Comptroller and a national prescription drug network operator named Crescent RxNet.
The Vice President of Network Strategy at Crescent RxNet on the State Plan account is a man named Bruce Fuentes.
Bruce Fuentes is forty-nine years old and has served at Crescent RxNet for twelve years.
Bruce Fuentes owns the State Plan account’s network reimbursement schedule, the rebate waterfall reporting against the master agreement, and the Vice President signatory authority on the State Plan account’s quarterly pricing certifications.
Bruce Fuentes and I served on the same National Community Pharmacists Association Pharmacy Benefit Management Dialogue Panel at the National Press Club in Washington two years ago.
Bruce Fuentes sent me a thank-you bottle of Spanish Rioja from a bodega in Logrono the week after the panel.
The bottle sits unopened on my kitchen counter beside the spice rack.
On a Tuesday morning, I sat at my desk on the fourth floor of the Office of the State Comptroller building on Capitol Avenue in Hartford with a junior pharmacy benefit contract analyst named Reagan Whitlow.
Reagan Whitlow was beginning her primary-analyst rotation on the State Plan account’s monthly pharmacy benefit file exchange.
I walked Reagan through the State Plan account’s monthly pharmacy benefit file exchange on the Healthcare Policy and Benefits Division’s secure analytics workstation.
I pulled the September monthly file exchange Crescent RxNet had transmitted to the Division on the standard monthly file-exchange close-out at ten-thirty in the morning on the close-out calendar day.
I walked Reagan through the column structure of the file exchange: National Drug Code identifier, dispensed quantity, pharmacy-paid rate, State Plan-billed rate, and the National Association of Insurance Commissioners’ Maximum Allowable Cost list reference.
I ran the Tableau pass-through ratio model I keep on my analytics workstation against the September file exchange.
I showed Reagan that a defensible pass-through ratio clusters within a tight band across the top-volume generic National Drug Codes.
I told Reagan that the master pharmacy benefit management services agreement specifies a pass-through structure: the State Plan-billed rate must equal the pharmacy-paid rate plus a defined administrative fee of forty-one cents per generic fill.
I told Reagan that I archive every monthly file exchange to a separate Comptroller secure folder that my information-security clearance gives me sole write access to.
I told Reagan the secure folder is a habit from a 2019 contract analyst job where a pharmacy benefit manager rolled back two months of file exchanges from the live data feed the week the plan started asking pricing questions.
I told Reagan the secure folder is the contract firewall on the State Plan account.
I told Reagan that every monthly file exchange writes the pharmacy-paid rate column to the same row as the State Plan-billed rate column and that the pharmacy benefit manager cannot scrub the historical file exchanges from the Comptroller secure folder.
Reagan wrote the sentence into her primary-analyst notebook.
The week before that Tuesday I had stood at a lectern at the JW Marriott in downtown Indianapolis on the second morning of the National Association of State Comptrollers’ annual conference session on pharmacy benefit management contract enforcement under pass-through pricing.
Sixty state comptrollers’ staff, legislative pharmacists, and state-auditor representatives sat in the conference room.
I walked the conference room through three case studies of how a pharmacy benefit manager’s industry effective-rate framework can drift away from a state contract’s pass-through pricing requirement across a multi-year contract cycle.
I fielded a question from the policy director of a Maine state senator on what an enforceable contract pass-through clause looks like at the section-level drafting layer.
I told the Maine state senator’s policy director, in plain English, that an enforceable pass-through clause names the pharmacy-paid rate, the defined administrative fee, and the State Plan-billed rate in the same section, and that the contract analyst’s monthly file-exchange archive on the secure folder is the controlling reference against which the rate-table claims of the pharmacy benefit manager are reconciled.
The conference room wrote the sentence down.
Two years ago on a Thursday afternoon, I stood on the panel stage of the National Community Pharmacists Association Pharmacy Benefit Management Dialogue Panel in the Holeman Lounge of the National Press Club in Washington, D.C., beside Bruce Fuentes and the moderator from a health-policy journalism nonprofit.
I engaged with Bruce Fuentes’s panel position on the industry effective-rate framework during the question-and-answer exchange.
Bruce Fuentes shook my hand at the panel-stage exit at the close of the panel and thanked me for what he called the honest engagement on the industry side.
The FedEx box from the bodega in Logrono containing the bottle of Spanish Rioja and the typed thank-you note signed “For honest engagement — Bruce” arrived at my West Hartford apartment front door the following Tuesday afternoon.
I did not open the bottle.
Ten days before the Sunday afternoon I am about to describe, the State Plan member-services help line forwarded an email to my Comptroller account from a community pharmacist named Mrs. Adoma Kollie, the owner-pharmacist of Coventry Family Pharmacy in Coventry, Connecticut.
Mrs. Adoma Kollie’s email said her remittance from Crescent RxNet on a State Plan generic Z-Pak azithromycin fill was eighty-four cents while the State Plan Explanation of Benefits the retiree had brought into her pharmacy showed the State Plan had been charged seven dollars and forty-two cents for the same fill.
I read Mrs. Adoma Kollie’s email at three-eighteen on that Wednesday afternoon.
I emailed back at three-twenty-six and wrote that I would look at the file-exchange line for the dispensed fill.
I did not pull the file exchange yet.
The Connecticut General Assembly Joint Committee on Public Health and the Joint Committee on Insurance and Real Estate has convened the standing joint public hearing on prescription drug pricing at the Legislative Office Building in Hartford, Connecticut, on the third Tuesday of every quarterly hearing cycle for the past ten years.
I have attended the hearing as the Division analytic subject-matter expert for nine annual cycles.
The committee co-chairs gavel the hearing into session at ten-thirty in the morning at the front of the Legislative Office Building hearing room.
In every quarterly cycle of the hearing for the past ten years, ten-thirty at the hearing-room dais has meant the same operational fact.
The hearing opens.
On the Sunday three days before the standing joint public hearing on prescription drug pricing at the Legislative Office Building, I sat at the kitchen table of my apartment in West Hartford, Connecticut, with my Comptroller-issued analytics laptop open on the table cloth.
The Sunday wall clock above the kitchen counter read two-fourteen in the afternoon when I opened the State Plan account’s September monthly file exchange from the Comptroller secure folder on the laptop.
I pulled the September file-exchange line on the State Plan generic Z-Pak azithromycin fill Mrs. Adoma Kollie’s Coventry Family Pharmacy had dispensed to the State Plan retiree the prior month.
The September file-exchange line on Mrs. Adoma Kollie’s dispensed Z-Pak azithromycin fill returned a pharmacy-paid rate column entry of zero dollars and eighty-four cents.
The September file-exchange line on the same dispensed fill returned a State Plan-billed rate column entry of seven dollars and forty-two cents.
The Maximum Allowable Cost list reference column on the same line showed the seven-dollar-forty-two State Plan-billed rate sat at the upper end of the National Association of Insurance Commissioners’ Maximum Allowable Cost band for the azithromycin National Drug Code.
The interval between the pharmacy-paid rate and the State Plan-billed rate on Mrs. Adoma Kollie’s dispensed fill was six dollars and fifty-eight cents.
The defined administrative fee per generic fill specified inside Section four-point-two of the master pharmacy benefit management services agreement between the Office of the State Comptroller and Crescent RxNet was forty-one cents.
The interval between the six-dollar-fifty-eight spread on Mrs. Adoma Kollie’s dispensed fill and the forty-one-cent defined administrative fee was six dollars and seventeen cents.
Two and a half years earlier on a Wednesday afternoon in early February, I had sat at a Hartford conference room table at the Office of the State Comptroller on Capitol Avenue across from Bruce Fuentes and the Crescent RxNet senior contracting counsel on the master pharmacy benefit management services agreement’s final negotiation session.
I had walked the pass-through pricing structure inside Section four-point-two of the master agreement page by page from the first sentence of the section through the defined administrative fee and the State Plan-billed rate calculation methodology.
Bruce Fuentes had read Section four-point-two on his side of the conference room table without amendment and had signed the Vice President of Network Strategy signatory line on the master agreement signature page at three-fifty-two on that Wednesday afternoon.
I had initialed the bottom right corner of Section four-point-two on the page-fourteen signature line at three-fifty-three.
Bruce Fuentes had initialed the bottom right corner of Section four-point-two beside my initials on the same signature line at three-fifty-four.
I had pressed my thumb against the corner of the master agreement binder at four-oh-one and had shaken Bruce Fuentes’s hand at the conference room door at four-oh-six.
The signed master agreement binder is filed inside the Healthcare Policy and Benefits Division’s contract vault on the fourth floor of the Office of the State Comptroller.
That was two contract years and eight quarterly performance reports ago.
On the Wednesday afternoon ten days before the Sunday at the kitchen table, I had read Mrs. Adoma Kollie’s email twice on my Comptroller desk monitor with the State Plan member-services help-line forwarding header at the top of the message.
I had pulled the September monthly file-exchange tab open on my dual analytics monitor at three-thirty-two on the Wednesday afternoon.
I had pulled the State Plan retiree Explanation of Benefits screen open on my second monitor at three-thirty-six on the Wednesday afternoon.
I had run the pharmacy-paid rate column entry against the State Plan-billed rate column entry against the Maximum Allowable Cost list reference column for the dispensed Z-Pak azithromycin fill at three-forty-one.
I had pressed the heel of my right hand flat against the surface of the desk at three-forty-seven.
I had closed the analytics laptop and walked down the corridor to the Healthcare Policy and Benefits Division coffee station at four-oh-two without calling Bruce Fuentes.
On the Sunday afternoon at the kitchen table, I ran the rebate-waterfall Tableau model I keep on my analytics laptop against the State Plan account’s monthly file exchanges across the prior twenty-two contract months and the prior approximately four-point-six million generic fills.
The rebate-waterfall Tableau model output returned a systematic spread pattern between the pharmacy-paid rate column and the State Plan-billed rate column on every National Drug Code in the top quartile of generic dispense volume across the twenty-two-month interval.
The cumulative spread on the top-quartile generic National Drug Codes across the twenty-two months exceeded the contract’s defined forty-one-cent administrative fee per generic fill by a factor of four to twelve times against each affected National Drug Code line.
The cumulative aggregate spread across the top-quartile generic National Drug Codes across the twenty-two months totaled eleven million eight hundred thousand United States dollars.
I scrolled to the kitchen counter in my line of sight and looked at the unopened bottle of Spanish Rioja from Bruce Fuentes’s bodega in Logrono beside the spice rack.
The thank-you note still folded under the foil capsule on the bottle’s neck read “For honest engagement — Bruce.”
The wall clock above the kitchen counter read five-eighteen when I returned to the laptop from the kitchen counter.
I logged into the Connecticut Pharmacists Association cooperator portal through the contact I had built across three years of state-pharmacist policy work and requested sample pharmacy-side remittance advice statements on State Plan generic dispenses against three independent member pharmacies that had consented to share the remittance statements with the Office of the State Comptroller.
The cooperator returned sample remittance advice statements within forty minutes against eighteen sample State Plan generic dispenses across the three independent member pharmacies.
The pharmacy-paid rate column entries on the eighteen sample remittance advice statements matched the pharmacy-paid rate column entries on the corresponding lines of the September monthly file exchange in the Comptroller secure folder.
The State Plan-billed rate column entries on the eighteen sample dispenses did not appear on the pharmacy-side remittance advice statements.
The State Plan-billed rate column entries existed exclusively inside Crescent RxNet’s claim adjudication layer between the pharmacy-paid rate and the State Plan-billed amount.
I opened the standing joint public hearing on prescription drug pricing agenda for the upcoming Tuesday at the Legislative Office Building that the Connecticut General Assembly clerks’ office had emailed to my Comptroller account the prior Friday.
The Tuesday hearing agenda listed Bruce Fuentes as the pharmacy benefit management industry lead witness at the witness table at the ten-thirty ceremonial opening.
The Tuesday hearing agenda listed me on the witness table immediately after Bruce Fuentes as the Office of the State Comptroller Healthcare Policy and Benefits Division analytic subject-matter expert.
The Tuesday hearing agenda listed the Hartford Courant statehouse reporter in the press box, the Connecticut Pharmacists Association representative in the gallery, and the State Plan member-advocate group in the back rows.
For nine annual cycles, ten-thirty in the morning at the hearing-room dais had meant the hearing opens.
For the Tuesday two days from the Sunday afternoon at the kitchen table, ten-thirty at the hearing-room dais was the hour the Joint Committee on Public Health and the Joint Committee on Insurance and Real Estate were scheduled to receive Bruce Fuentes’s pharmacy benefit management industry lead-witness testimony in support of the existing State Plan rate-setting framework with my own Comptroller-credential bio on the witness roster immediately after the framework’s industry endorsement.
I closed the rebate-waterfall Tableau model window.
I exported the rebate-waterfall Tableau model output, the September monthly file exchange, the eighteen pharmacy-side sample remittance advice statements, and the photograph of Section four-point-two page fourteen of the master agreement I had taken from the Healthcare Policy and Benefits Division contract vault on the prior Friday afternoon to an encrypted USB drive I keep in the Comptroller secure folder cabinet.
I opened the Connecticut Office of the Attorney General Consumer Protection Section Deceptive Practices Complaint intake portal in my browser.
I did not call Bruce Fuentes.
At twenty-two-forty-eight on the Sunday evening, I submitted the Deceptive Practices Complaint against Crescent RxNet to the Connecticut Office of the Attorney General Consumer Protection Section intake portal, listing the State Plan of Connecticut public-employee prescription drug benefit master pharmacy benefit management services agreement as the operative contract and the eleven-million-eight-hundred-thousand-dollar cumulative spread across twenty-two contract months as the operative complaint.
I printed the Office of the Attorney General Consumer Protection Section intake confirmation receipt at the small printer beside the kitchen table at twenty-two-fifty-three.
I slid the printed confirmation receipt into the standing joint public hearing folder beside my Comptroller analyst name badge.
I did not call Bruce Fuentes.
The Connecticut Office of the Attorney General Consumer Protection Section intake queue acknowledged the Deceptive Practices Complaint at nine-fourteen on the Monday morning, in an automated email from the Consumer Protection Section intake coordinator.
The acknowledgement assigned a Consumer Protection Section case number against the State Plan of Connecticut master pharmacy benefit management services agreement file and stated that a senior assistant attorney general would be assigned to the complaint within the same business day for review against the Connecticut Unfair Trade Practices Act.
I read the acknowledgement on my Comptroller phone at nine-sixteen in the kitchen of the West Hartford apartment, beside the kettle, while the wall clock above the kitchen counter read nine-sixteen.
I did not forward the acknowledgement to Bruce Fuentes.
I did not forward the acknowledgement to the State Comptroller’s general counsel, because the Office of the State Comptroller’s general counsel shares conference rooms with the rate-setting staff who would otherwise need to coordinate the response with Crescent RxNet’s outside law firm before the standing joint public hearing on prescription drug pricing on the Tuesday morning.
At six-thirty-eight on the Monday morning, my Comptroller Outlook on the kitchen counter laptop refreshed with a new email from Bruce Fuentes.
The email subject line read: “Hartford LOB Tuesday.”
The email body read: “Saw you’re on the hearing roster after me — I asked the committee chair’s office to slot us back-to-back.”
The email continued: “We haven’t done a together-on-stage since the NCPA panel in Washington.”
The email continued: “Should be a clean hearing if we frame the rate-setting framework consistently.”
The email ended: “Let me buy you breakfast at the State Capitol cafeteria before — I’ll be in the cafeteria from eight-thirty.”
I read the email at six-thirty-eight with the kettle steaming on the burner.
I did not reply to the email at six-thirty-eight.
I did not reply to the email at nine-twenty when the senior assistant attorney general assigned to the Consumer Protection Section case emailed me from the Office of the Attorney General Hartford headquarters with a single sentence confirming that the Office would dispatch a Consumer Protection Section attorney to the Legislative Office Building hearing room on the Tuesday morning to assess the procedural posture of the master agreement file.
I did not reply to the email at eleven-forty-two when the Connecticut Pharmacists Association cooperator emailed me from the association office in Rocky Hill with a single sentence noting that the association executive director would attend the hearing in the gallery.
I did not reply to the email at any point on the Monday.
On the Monday evening at nineteen-thirty, Bruce Fuentes sat in his fourteenth-floor hotel suite at the Marriott Hartford Downtown reviewing his pharmacy benefit management industry lead-witness testimony binder with the Crescent RxNet senior outside contracting counsel from the New York office of the firm, a man named Holden Lichtenberg-Faraday.
The fourteenth-floor hotel suite held the quiet hum of downtown Hartford through the suite’s south-facing window and the dry warmth of the Marriott’s late-October heating system.
Bruce Fuentes sat in the suite’s living-area armchair with the testimony binder open on the coffee table in front of him.
Holden Lichtenberg-Faraday sat in the matching armchair across the coffee table with the Crescent RxNet outside-counsel committee-member background sheet binder open beside his legal pad.
Bruce Fuentes walked Holden Lichtenberg-Faraday through the pharmacy benefit management industry lead-witness testimony opening on the existing State Plan rate-setting framework and the closing call for legislative continuity on the master agreement’s effective-rate language.
Bruce Fuentes told Holden Lichtenberg-Faraday that Lupe Sandoval was the Office of the State Comptroller Healthcare Policy and Benefits Division analytic subject-matter expert on the witness roster immediately after his testimony and that Lupe Sandoval would dial down any heat the Joint Committee on Public Health sent in their direction at the witness table.
Bruce Fuentes said the renewal cycle on the Connecticut State Plan master pharmacy benefit management services agreement was eighteen months out and the three additional northeastern state contracts Crescent RxNet had under bid in the same quarter — Massachusetts, Rhode Island, and New Hampshire — read on the renewal cycle’s commercial trajectory.
Bruce Fuentes tapped the testimony binder against the coffee table and told Holden Lichtenberg-Faraday that he had asked the Joint Committee co-chair’s office to slot Lupe Sandoval on the witness roster immediately after his testimony without telling her in advance because Lupe Sandoval was a good sport about jumping into the dialogue and the credentialed Comptroller voice in the witness chair after the industry framing would read well on the committee record.
Bruce Fuentes added that Lupe Sandoval had been a good sport about the National Community Pharmacists Association Pharmacy Benefit Management Dialogue Panel in Washington two years prior and would be a good sport about the Tuesday hearing in Hartford.
Holden Lichtenberg-Faraday wrote a note in the Crescent RxNet outside-counsel committee-member background sheet binder.
The Monday evening at nineteen-thirty passed in the fourteenth-floor hotel suite without either of them opening the rebate-waterfall computation against the State Plan account’s monthly file exchanges on the Crescent RxNet client laptop on the coffee table.
At nine-fifty on the Tuesday morning, I walked into the second-floor lobby of the Legislative Office Building at the Capitol Complex in Hartford, Connecticut, with the standing joint public hearing folder under my arm, the encrypted USB drive in the inside pocket of my blazer, and the printed Office of the Attorney General Consumer Protection Section case-number receipt clipped inside the hearing folder cover.
The lobby security checkpoint at the second-floor entrance scanned my Office of the State Comptroller credential and waved me through to the hearing-room corridor.
The hearing-room corridor outside the standing joint public hearing on prescription drug pricing hearing room held one hundred and forty registered hearing attendees, the carafes of hearing-room coffee on the corridor side tables, and the Connecticut General Assembly committee staff binders on each chair across the hearing-room aisles inside the open hearing-room doors.
I read the hearing agenda on the corridor-table easel at nine-fifty-six.
The hearing agenda listed Bruce Fuentes at the witness table on the witness-chair seat at ten-thirty.
The hearing agenda listed me at the witness table on the on-deck chair immediately after Bruce Fuentes’s testimony.
The hearing agenda listed the Joint Committee co-chairs on the hearing-room dais.
The hearing agenda listed the Hartford Courant statehouse reporter in the press box.
The hearing agenda listed the Connecticut Pharmacists Association representative in the gallery.
The hearing agenda listed the State Plan member-advocate group in the hearing-room back rows.
The senior assistant attorney general had emailed at nine-thirty-eight on the Tuesday morning to confirm that the Office of the Attorney General Consumer Protection Section attorney would be in the hearing room by ten-fifteen but had not yet confirmed whether the formal Connecticut Unfair Trade Practices Act injunction packet would be ready for service before the ten-thirty hearing-room dais gavel.
I walked into the hearing-room corridor side room at ten-eighteen with the standing joint public hearing folder under my arm.
The wall clock above the side-room door read ten-eighteen.
The hearing-room dais gavel was twelve minutes away.
Bruce Fuentes sat in the witness chair at the witness table with the pharmacy benefit management industry lead-witness testimony binder open in front of him.
The Joint Committee co-chair on the hearing-room dais reviewed the hearing-record notes against the agenda.
A Consumer Protection Section senior assistant attorney general named Mr. Garrett Okonkwo-Bell walked through the hearing-room corridor side door at ten-twenty-one with a thin manila folder in his left hand and a Consumer Protection Section paralegal behind his right shoulder.
The thin manila folder was not yet open.
The standing joint public hearing on prescription drug pricing dais gavel sounded at ten-thirty on the Tuesday morning at the front of the Legislative Office Building hearing room at the Connecticut General Assembly Capitol Complex in Hartford.
One hundred and forty registered hearing attendees sat across the hearing-room tiered seating and the side-aisle overflow rows.
The Joint Committee on Public Health Senate co-chair sat at the hearing-room polished-wood dais on the left of the dais bench.
The Joint Committee on Insurance and Real Estate House co-chair sat at the hearing-room polished-wood dais on the right of the dais bench.
The Hartford Courant statehouse reporter sat in the hearing-room press box against the chamber’s west wall with her notepad open across her press-box place setting.
The Connecticut Pharmacists Association executive director sat in the hearing-room gallery on the south-side gallery aisle against the gallery’s polished-wood rail.
The State Plan of Connecticut member-advocate group representatives sat in the hearing-room back rows on the chamber’s north-side overflow aisle.
Bruce Fuentes sat in the witness chair at the hearing-room witness table on the chamber-floor center seat facing the dais.
I sat in the on-deck witness chair at the hearing-room witness table on the chamber-floor right-hand seat with the standing joint public hearing folder open in front of me, the encrypted USB drive in the inside pocket of my blazer, and the printed Office of the Attorney General Consumer Protection Section case-number receipt clipped against the inside cover of the folder beside the photograph of Section four-point-two page fourteen of the master pharmacy benefit management services agreement.
The Joint Committee Senate co-chair opened the hearing at ten-thirty-two with the standard welcome remarks at the hearing-room polished-wood dais.
The Joint Committee Senate co-chair introduced Bruce Fuentes as the pharmacy benefit management industry lead witness on the existing State Plan rate-setting framework at ten-thirty-four.
Bruce Fuentes opened his pharmacy benefit management industry lead-witness testimony at the witness chair at ten-thirty-five with the standard industry framing on the existing State Plan rate-setting framework and the master pharmacy benefit management services agreement’s effective-rate language.
Bruce Fuentes walked the hearing-room dais through the pharmacy benefit management industry effective-rate methodology and the Maximum Allowable Cost list reference architecture against what he characterized as a contemporary multi-state pharmacy benefit management contract benchmark.
At ten-thirty-eight, eight minutes into the pharmacy benefit management industry lead-witness testimony, Mr. Garrett Okonkwo-Bell, the senior assistant attorney general from the Office of the Attorney General Consumer Protection Section, walked from the hearing-room corridor side door across the chamber-floor witness-table service path to the hearing-room witness table with the thin manila folder open against his side and the Consumer Protection Section paralegal a half pace behind his right shoulder.
Mr. Garrett Okonkwo-Bell placed the open Office of the Attorney General Consumer Protection Section injunction packet on the hearing-room witness table between Bruce Fuentes’s pharmacy benefit management industry lead-witness testimony binder and my standing joint public hearing folder.
Mr. Garrett Okonkwo-Bell took the witness-table microphone from the witness-table microphone stand at the chamber-floor center seat and faced the hearing-room polished-wood dais.
Bruce Fuentes paused mid-sentence at the witness chair and looked at the senior assistant attorney general.
Bruce Fuentes said, into the witness-chair microphone the senior assistant attorney general had left active in front of him, “Counsel, with respect, I am the lead witness on a scheduled hearing item. Whatever this is can wait until after the hearing closes.”
Mr. Garrett Okonkwo-Bell said, into the witness-table microphone he had taken from the witness-table stand, “The Office of the Attorney General has issued an injunction against Crescent RxNet on the State Plan of Connecticut master pharmacy benefit management services agreement under Connecticut General Statutes Sections forty-two dash one-ten-a et sequitur, the Connecticut Unfair Trade Practices Act. The injunction is effective immediately.”
Mr. Garrett Okonkwo-Bell turned the injunction packet face-up on the hearing-room witness table between the pharmacy benefit management industry lead-witness testimony binder and the standing joint public hearing folder.
Bruce Fuentes stepped half a pace back from the witness chair.
Bruce Fuentes looked across the hearing-room witness table at the on-deck witness chair at me with the witness-chair microphone still live in front of him.
Bruce Fuentes said quietly, off the witness-chair microphone, into the four feet of witness-table service path between the witness chair and the on-deck witness chair, “Lupe. What did you do.”
I opened my standing joint public hearing folder on the hearing-room witness table.
I said, into the on-deck-chair microphone the on-deck-chair attendant had handed me from the witness-table stand, “I filed the Deceptive Practices Complaint on Sunday night.”
I said, “The twenty-two-month systematic spread on the top-quartile generic National Drug Codes inside the State Plan account does not match the pass-through pricing structure inside Section four-point-two of the master pharmacy benefit management services agreement.”
Bruce Fuentes said, into the witness-chair microphone, “Effective rate language is industry-standard and the State Plan of Connecticut signed the master agreement at the executed signature line. Pharmacies are paid in full at the Maximum Allowable Cost list reference.”
I said, “The September monthly file-exchange line on the State Plan generic Z-Pak azithromycin fill that Coventry Family Pharmacy dispensed shows a pharmacy-paid rate column entry of zero dollars and eighty-four cents and a State Plan-billed rate column entry of seven dollars and forty-two cents.”
I said, “The defined administrative fee per generic fill inside Section four-point-two of the master agreement is forty-one cents. The remaining six dollars and seventeen cents on the same fill is not in the contract. It is in the Crescent RxNet claim adjudication layer between the pharmacy-paid rate and the State Plan-billed amount.”
Bruce Fuentes said, “Claim-adjudication-layer mechanics are operational architecture inside the pharmacy benefit management industry’s professional discretion, not contract terms inside the master agreement.”
I said, “The cumulative spread on the top-quartile generic National Drug Codes across the prior twenty-two contract months totals eleven million eight hundred thousand United States dollars against the State Plan of Connecticut public-employee prescription drug benefit covering one hundred and eighty-four thousand members.”
I said, “Sample pharmacy-side remittance advice statements from the Connecticut Pharmacists Association cooperator across three independent member pharmacies confirm the pharmacy-paid rate column entries on the file exchange match the actual pharmacy remittances and that the State Plan-billed rate does not appear on the pharmacy-side remittance advice statements.”
Bruce Fuentes said, “The contract negotiation on the master agreement was conducted with industry counsel present at the Hartford conference room table. The State Plan of Connecticut signatory authority signed the executed master agreement.”
Bruce Fuentes said, quietly, half-off the witness-chair microphone, “Lupe. We were on the National Press Club panel together two years ago.”
I placed the photograph of Section four-point-two page fourteen of the master pharmacy benefit management services agreement on the hearing-room witness table beside the open Office of the Attorney General Consumer Protection Section injunction packet.
I said, into the on-deck-chair microphone, “Section four-point-two of the master agreement, page fourteen, paragraph three, sentence two: ‘Pharmacy-paid rate plus the defined administrative fee shall constitute the State Plan-billed amount for each generic claim.'”
I said, “My initials are on the bottom right corner of page fourteen at three-fifty-three on the executed-contract Wednesday afternoon two and a half years ago.”
I said, “Your initials are next to mine on the bottom right corner of page fourteen at three-fifty-four on the same Wednesday afternoon.”
I said, “You were not running the rebate-waterfall Tableau model on Sunday afternoon at the kitchen table in my West Hartford apartment. I was.”
I said, “The September monthly file exchange is archived against my sole-write Office of the State Comptroller secure folder. The pharmacy-side remittance advice statements from the Connecticut Pharmacists Association cooperator confirm the pharmacy-paid rate. The contract’s pass-through clause is initialed in your handwriting beside mine on page fourteen of the master agreement. The Office of the Attorney General Consumer Protection Section injunction packet is on the witness table.”
Mr. Garrett Okonkwo-Bell set the Office of the Attorney General Consumer Protection Section injunction packet open on the hearing-room witness table beside the photograph of Section four-point-two page fourteen and photographed the photograph with the Consumer Protection Section field mobile-device camera for the Consumer Protection Section record.
The Hartford Courant statehouse reporter in the press box against the chamber’s west wall closed her notepad, photographed the hearing-room witness table on her press-credentialed mobile device, and walked from the press box to the press-box phone in the hearing-room corridor side foyer with a phone call open to her newsroom desk.
The Connecticut Pharmacists Association executive director in the hearing-room gallery stood from the south-side gallery aisle, walked to the back of the gallery without leaving the hearing room, and began a phone call on his mobile device to the association’s general counsel.
Bruce Fuentes gathered the pharmacy benefit management industry lead-witness testimony binder from the witness chair.
Bruce Fuentes straightened the testimony binder edge against the hearing-room witness table.
Bruce Fuentes said, into the witness-chair microphone, “I have built Crescent RxNet’s network strategy through fourteen state contracts in nine years. The State Plan of Connecticut has been served at the most competitive effective rate in the northeastern region of the United States.”
Bruce Fuentes picked up his personal phone from the inside breast pocket of his suit jacket.
Bruce Fuentes walked off the witness chair past the on-deck witness chair and out the hearing-room corridor side door without looking at the on-deck witness chair.
Mr. Garrett Okonkwo-Bell wrote the time ten-forty-six in his Office of the Attorney General Consumer Protection Section field notebook against the docket line of the State Plan of Connecticut master pharmacy benefit management services agreement file.
Mr. Garrett Okonkwo-Bell turned to the hearing-room polished-wood dais and continued the Office of the Attorney General Consumer Protection Section briefing on the Connecticut Unfair Trade Practices Act injunction for the Joint Committee co-chairs.
I drove back from the Capitol Complex in downtown Hartford to my apartment in West Hartford on the Tuesday afternoon along Interstate 84 in the Office of the State Comptroller fleet vehicle the Healthcare Policy and Benefits Division pool had reserved for the standing joint public hearing.
At seventeen-twenty-four on the Tuesday afternoon, I sat at the kitchen table of my apartment in West Hartford under the light through the kitchen window the color of New England late-October haze and the hum of the apartment building’s heating, ventilation, and air-conditioning system through the apartment ceiling.
The kitchen carried the cold smell of the tea I had poured into the kitchen-counter cup before driving downtown to the Capitol Complex on the Tuesday morning and had set down on the kitchen counter when I came in through the apartment front door at seventeen-eighteen.
The bottle of Spanish Rioja from Bruce Fuentes’s bodega in Logrono sat unopened on the kitchen counter beside the spice rack.
The standing joint public hearing folder sat open on the kitchen table at my left hand.
The wall clock above the kitchen counter read seventeen-twenty-four.
Seventeen-twenty-four on the Tuesday afternoon is six hours and fifty-four minutes after the ten-thirty ceremonial opening of the standing joint public hearing on prescription drug pricing at the Legislative Office Building hearing-room polished-wood dais.
The ten-thirty ceremonial opening had passed today and had not passed the way the ten-thirty ceremonial opening has passed at the standing joint public hearing on prescription drug pricing for every quarterly cycle for the past nine annual cycles I have attended as the Healthcare Policy and Benefits Division analytic subject-matter expert.
The existing State Plan rate-setting framework was not ratified at the hearing-room polished-wood dais.
The Office of the Attorney General Consumer Protection Section injunction packet was opened on the hearing-room witness table at ten-thirty-eight.
The Connecticut Unfair Trade Practices Act injunction against Crescent RxNet on the State Plan of Connecticut master pharmacy benefit management services agreement was read into the Joint Committee co-chairs’ briefing record at ten-forty-six.
I turned in the standing joint public hearing folder on the kitchen table to the September monthly file-exchange printout for the State Plan generic Z-Pak azithromycin fill Coventry Family Pharmacy had dispensed.
The orange highlighter mark across the zero-dollar-eighty-four pharmacy-paid rate column line and the seven-dollar-forty-two State Plan-billed rate column line sat where I had drawn it on the Sunday afternoon at the kitchen table.
Below the September monthly file-exchange printout, the printed Office of the Attorney General Consumer Protection Section case-number receipt from twenty-two-fifty-three on the Sunday evening sat where I had clipped it inside the hearing folder on the printer side of the kitchen table.
The two pages sit side by side on the kitchen table in the late-afternoon kitchen window light.
For nine annual cycles, ten-thirty in the morning at the hearing-room polished-wood dais had meant the hearing opens.
Today, ten-thirty at the hearing-room polished-wood dais meant the hearing that was about to ratify the existing State Plan rate-setting framework and roll the eleven-million-eight-hundred-thousand-dollar twenty-two-month spread forward another contract cycle did not ratify it because I had walked into the Legislative Office Building lobby at nine-fifty with the September monthly file-exchange printout and the Office of the Attorney General Consumer Protection Section case-number receipt clipped inside the same standing joint public hearing folder I had carried through the prior nine annual quarterly cycles at the witness table.
I do not feel triumph at the kitchen table at seventeen-twenty-four.
I feel the weight of the eight quarterly performance reports I signed against the State Plan of Connecticut master pharmacy benefit management services agreement file across the prior two contract years, without once running the rebate-waterfall Tableau model across the State Plan account’s monthly file exchanges across the top-quartile generic National Drug Codes on a Sunday afternoon at my kitchen table.
The Connecticut Unfair Trade Practices Act injunction halts the spread-pricing on the State Plan of Connecticut master pharmacy benefit management services agreement effective immediately.
A small number of independent community pharmacies in the State Plan of Connecticut network experience a brief period of Maximum Allowable Cost list reference uncertainty during the transition window as Crescent RxNet transitions the State Plan account’s claim adjudication layer onto the contract’s defined pass-through pricing structure.
Several hundred State Plan retirees and active employees on chronic-medication regimens experience prescription delays of twenty-four to seventy-two hours during the transition window while pharmacist-initiated overrides resolve claim rejections at the point of sale.
A State Plan retiree on a chronic methadone-taper protocol, a sixty-four-year-old retired Connecticut Department of Transportation maintenance foreman named Mr. Edwin Brand, has his Tuesday-afternoon refill at his community pharmacy in Manchester delayed during the transition window and ends up in mild opioid withdrawal for fourteen hours before his community pharmacist resolves the override at the pharmacy’s Wednesday-morning opening.
Mr. Edwin Brand’s refill is successfully dispensed at his community pharmacy on the Wednesday morning following the transition-window resolution and his methadone-taper protocol continues without further interruption.
My analyst signature sits inside the Office of the Attorney General Consumer Protection Section public docket on the State Plan of Connecticut master pharmacy benefit management services agreement file alongside the prior eight quarterly performance reports on the master agreement file.
The Office of the Attorney General Consumer Protection Section public docket does not delete entries.
I stood from the kitchen table at seventeen-thirty-two.
I crossed the apartment to the second-floor analyst home desk against the south wall of the spare bedroom.
I took a fresh standing-joint-public-hearing folder binder from the cabinet shelf above the desk.
The fresh hearing-folder binder is the same brand and the same format as the prior eight quarterly hearing-folder binders on the cabinet shelf.
I wrote the date on the inside cover of the binder in the analyst date field.
I wrote, against the cycle-binder label line, “State Plan of Connecticut — Pharmacy Benefit Management Reconciliation — Office of the Attorney General Cycle Day One.”
I set the pen in the gutter of the binder spine.
The blank lines on the first inside page of the binder wait under the kitchen-counter lamp light.
Bruce Fuentes thought the master pharmacy benefit management services agreement was a contract he could administer with industry effective-rate gloss against a Crescent RxNet claim adjudication layer he ran outside the contract’s pass-through pricing structure, and that the Spanish Rioja from his bodega in Logrono on the kitchen counter beside the spice rack was the human-relationship architecture the contract architecture quietly answered to.
He forgot Section four-point-two of the master agreement on page fourteen is initialed in his handwriting beside mine at three-fifty-four on the executed-contract Wednesday afternoon, and the monthly file exchange writes the pharmacy-paid rate column and the State Plan-billed rate column to the same row inside the sole-write Office of the State Comptroller secure folder my rebate-waterfall Tableau model reads.
