PBM Challenges Public Disclosure Laws in Texas to Protect Confidential Information

Short summary

Express Scripts is challenging Texas's requirement to publicly disclose vendor contracts without redactions, claiming trade secrets and personal information should be protected. Texas's Attorney General ruled the contract must be fully disclosed; Express Scripts argues exemptions are being rendered meaningless. Businesses contracting with public entities should carefully structure agreements to segregate confidential information and comply with state-specific disclosure laws.

• •Express Scripts challenged Texas public contract disclosure law requiring full transparency
• •Texas AG ruled disclosure required; Express Scripts claims statutory exemptions are nullified
• •Guidance for PBMs/benefits admins: segregate confidential info and align with state disclosure laws

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