White Bagging: Emerging Trends; Provider Response; Implications for Reimbursement and Contract Negotiations

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Wednesday, February 23, 2022

Recorded event now available

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Course Materials

This CLE webinar will guide healthcare counsel on white bagging and how different healthcare providers are responding to white bagging policies. The panel will address white bagging in the litigation context and will discuss how white bagging impacts contract negotiations.

Description

White bagging is an arrangement between payers, primarily large national insurers, and pharmacies under which a patient's medication is sent directly to where the patient is receiving care. The insurers require the drugs to be purchased through their pharmacies, which have prepared them. Healthcare providers then will administer the medication.

However, white bagging bypasses the healthcare systems' checks and balances, such as pharmacy formularies, checking of drug interactions, and safety protocols. This practice also puts at risk medication and supply chain integrity and patient safety.

As insurers are implementing white bagging for certain medications, healthcare systems and providers must prepare to address the issues created by these policies--further, they need to be ready to address these concerns in both contract negotiations and litigation.

Listen as our authoritative panel of healthcare attorneys examines white bagging and how different healthcare providers respond to white bagging policies. The panel will also address white bagging in the litigation context--both how the courts address the issues and litigation strategies. The panel will discuss how white bagging impacts contract negotiations.

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Outline

  1. White bagging
  2. Healthcare provider response
  3. Court treatment and litigation strategies
  4. Implications for contract negotiations

Benefits

The panel will review these and other material questions:

  • What impact do white bagging policies have on the provider's ability to seek reimbursement for these medications?
  • What steps should healthcare providers take to mitigate the risks created by mandatory "white bagging?"
  • What provisions can providers include in contracts to ensure indemnification for accepting white bagged medications?

Faculty

Boswell, James
James W. Boswell, III

Partner
King & Spalding

Mr. Boswell is the Team Leader of the firm’s national Healthcare Team. His practice is devoted to handling...  |  Read More

Ikels, Zuzana
Zuzana S. Ikels

Partner
King & Spalding

Ms. Ikels focuses on complex commercial disputes in healthcare and healthcare technology. She has successfully defended...  |  Read More

Tooch, Daron
Daron Tooch

Partner
King & Spalding

Mr. Tooch specializes in managed care litigation, and has recovered hundreds of millions of dollars for healthcare...  |  Read More

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