Express Scripts Sues to Preserve Access to Care for Arkansans

Misguided new law will disrupt care for hundreds of thousands of patients, affect fertility treatments, and put Arkansans living with chronic diseases at risk of losing access to their medications.
Press Release: Express Scripts Sues to Preserve Access to Care for Arkansans

ST. LOUIS, May 29, 2025 – In a lawsuit filed in federal court in Arkansas, Express Scripts by Evernorth, the pharmacy benefits business of The Cigna Group (NYSE: CI), and its affiliated pharmacies, demanded that the courts strike down a dangerous Arkansas law that will reduce access to health care and prescription medicines for hundreds of thousands of Arkansans. This misguided law, which prevents any pharmacy affiliated with a pharmacy benefit manager (PBM) from dispensing medicines within the state, violates the U.S. Constitution and is unenforceable.

“Our family of pharmacies – including Express Scripts Pharmacy, Accredo Specialty Pharmacy and Freedom Fertility Pharmacy – are proud to serve Arkansans, and this law will disrupt their access to the care we provide,” said Susan Peppers, RPh, Vice President of Pharmacy Practice, Evernorth Health Services. “If this law takes effect in January, hundreds of thousands of Arkansans will be left scrambling to navigate the forced closure of pharmacies and finding new ways to get their medicines and critical clinical support. Our Arkansas patients deserve convenient access to care and affordable medicines, and we are doing everything we can to protect that for them.”

Here are the facts on what patients will lose if Arkansas Act 624 is allowed to take effect on January 1, 2026: 

Convenient home delivery of medicines through Express Scripts Pharmacy

  • Just last year, more than 700,000 prescriptions were conveniently mailed to patients throughout Arkansas from Express Scripts Pharmacy.
  • Act 624 could be especially challenging for the more than 40% of Arkansans that live in a rural area and may not have easy access to a retail pharmacy.
  • Additionally, Act 624 will likely force some retail pharmacies to close – potentially leaving more patients with fewer brick-and-mortar pharmacy options for their medications.

Care for complex, chronic and rare conditions through Accredo Specialty Pharmacy 

  • Accredo shipped nearly 70,000 specialty prescriptions that treat complex conditions to Arkansas patients in 2024.
  • Some Accredo patients critically need medicines that they cannot get anywhere else. More than 20 different medicines, treating a range of conditions including certain types of cancer and spinal muscular atrophy, are only available to dispense through Accredo.
  • Accredo’s specially trained nurses provided over 3,000 hours of patient care directly to patients in Arkansas in their homes in 2024. 

Fertility medicines 

  • Our affiliated fertility pharmacies provide services to hundreds of women and families in Arkansas, delivering more than 1,500 prescriptions last year alone.
  • Hundreds of women trying to build their families could have their fertility treatments, including IVF, disrupted – potentially even mid-cycle, which could lead to failed treatment.

“Arkansas politicians are gambling with the health and well-being of Arkansans who depend on the medicines and services they receive from Evernorth pharmacies,” said Andrea Nelson, Chief Legal Officer, The Cigna Group. “While Arkansas politicians claim this law was designed to lower drug prices and increase access to medications, it will do just the opposite. This law will have devastating consequences for Arkansans’ access to essential medications, and we cannot allow it to stand, which is why we are taking legal action today.” 

Rather than lowering health care costs, Act 624 could instead force current prices for employers who offer prescription drug benefits to their employees to increase by hundreds of dollars per employee. With the new and significant prescription drug access restrictions spurred by Act 624, the pharmacy market will shrink, and competition will be reduced. That means the cost of offering prescription drug benefits in the state will also rise, making it harder for employers to provide comprehensive health coverage in the state.

An overview of Express Scripts’ complaint, which argues Arkansas Act 624 violates the U.S. Constitution and other federal law, and the full text, are available here.

About Evernorth Health Services

Evernorth Health Services creates pharmacy, care and benefits solutions to improve health and increase vitality. We relentlessly innovate to make the prediction, prevention and treatment of illness and disease more accessible to millions of people. Evernorth capabilities are powered by our businesses, including Express Scripts, Express Scripts® Pharmacy, Accredo, eviCore and MDLIVE, along with holistic Evernorth platforms and solutions that move people and organizations forward. All Evernorth solutions are serviced and provided by or through operating affiliates of Evernorth Health, a wholly owned subsidiary of The Cigna Group (NYSE: CI), or third-party partners. Learn more at evernorth.com.

Media Contact:

Justine Sessions

860-810-6523

justine.sessions@evernorth.com


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