Failor's Pharmacy v. Department of Social & Health Services

Defendant Department of Social and Health Services (DSHS) seeks a reversal of a superior court decision granting partial summary judgment to Plaintiffs Failor’s Pharmacy, J&M Service Company, Inc., and Sav-On Drugs, Inc., and denying Defendant’s cross motion for dismissal. Defendant challenges the Superior Court’s holding that DSHS changes to Medicaid reimbursement payment schedules for prescription drugs must be adopted by rule-making pursuant to the former administrative procedure act and that the payment schedules in this case are consequently invalid. We affirm.

Defendant is the state…