The class action is known as Sheet Metal Workers Local No. 20 Welfare and Benefit Fund, et al. v. CVS Pharmacy, Inc., et al., C.A. Nos. 16-046 WES and 16-447 WES (D.R.I.). Judge  William  E.  Smith  of  the  United  States  District  Court  for  the District of Rhode Island is overseeing this class action.

Nationwide Class

You are part of the Nationwide Class if you are a health plan that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as yourpharmacy benefit manager, (2)  paid  for  generic  prescription  drugs purchased  from CVS that were included in CVS’s Health Savings Pass program, and (3) paid for those drugs based on a formula containing Usual and Customary price, and do not meet one of the exclusions.

Unjust Enrichment Class

You are part of the Unjust Enrichment Class if you are a health plan that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as your pharmacy benefit manager, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Arkansas, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Missouri, New Mexico,  New  York,  Oklahoma,  and  West Virginia,  and (3) paid  for  those  drugs based on a formula containing Usual and Customary price, and do not meet one of the exclusions.

Unfair and Deceptive Conduct Consumer Protection Class

You are a part of the Unfair and Deceptive Conduct Consumer Protection Class if you are a health plan that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as your pharmacy benefit manager, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health  Savings  Pass program in California, Florida, Illinois, Massachusetts, New   York, and Washington, and (3) paid for those drugs based on a formula containing Usual and Customary price, and do not meet one of the exclusions.

Omissions Consumer Protection Class

You are a part of the Omissions Consumer Protection Class if you are a health plan that, at  any  time  between  November  2008  and  February  1,  2016,  (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as your pharmacy benefit manager, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Illinois, Michigan, and Nevada, and (3) paid for those drugs based on a formula containing Usual and Customary price, and do not meet one of the exclusions.

If you did not useCaremark, Express Scripts, Medco, OptumRx, MedImpact, or any of their predecessors as your pharmacy benefit manager at any point between November 2008 and February 1, 2016, then you are not a member of the Class.

Excluded from the Classes are (1) any governmental payors, including Medicare and Medicaid; (2) any health plans that served on Caremark’s Client Advisory Committee  since January  1,  2008;  (3)  any  health  plans  that  have  had  parent, subsidiary, or affiliate relationships with any pharmacy benefit manager at any time since January  1, 2008; and (4)  health  plans  making  payments  processed  by OptumRx after January 29, 2015. Also excluded from the Classes are CVS, and its management, employees, subsidiaries, and affiliates.