In a long-awaited decision, a Delaware Superior Court judge ruled that the Delaware Department of Health and Social Services must hand over Medicaid records to State Auditor Kathy McGuiness. For nearly two years, McGuiness has been seeking access to the information, which she says her office needs to determine whether DHSS’s Division of Medicaid and Medical Assistance is complying with federal and state requirements. With the records, pharmacies can expect to see more Medicaid transparency in the coming months.

This summer, HB 219 was passed unanimously into law, calling for new amendments to the Delaware code relating to the regulation of pharmacy benefit managers (PBMs). This new law has kicked the PBM conversation into gear in the state of Delaware, and now, the state has just announced that they are officially beginning the process of building and enforcing new regulations relating to PBM practices. The Delaware Pharmacy Society and other sponsors of HB 219 are enthusiastic that the bill is being acted on and they hope to see increased access to health benefits for the population, as well as better support for independent pharmacies.

In December 2020, the HHS released an advisory opinion that drug manufacturers are required to deliver drugs to contract pharmacies and charge no more than the 340B Program allows. In response to this, the US District Court for the District of Delaware denied the HHS's advisory opinion, holding that Congress had not clearly taken a stance on contract pharmacy arrangements. HHS, however, intends to fight the case and ensure fair pricing for pharmacies in the state.

Auditor Kathy McGuiness continues her fight against PBMs by releasing a statement that criticizes those in the state. She comments on high drug inflation rates and calls attention to her recent report, "Lack of Transparency & Accountability in Drug PricingCould be Costing Taxpayers Millions" to support her claim. In this statement, she urges leaders in Delaware to take action before residents have to pay the price.

State auditor Kathy McGuiness brings awareness to the problem of PBM overcharging, which she says has cost Delaware taxpayers over $24 million. She calls on ExpressScripts Inc, the PBM in question, to take accountability and return the funds to the state; and advocates for independent pharmacies to be involved in contract negotiations withPBMs in the future, so as to prevent PBM abuse.