Copay Accumulator Plans Put Employers In Legal Jeopardy

Law360 (December 14, 2018, 12:38 PM EST) -- America spends more on health care than any country in the world, and with health care premiums increasing by 5 percent since 2017 — twice as fast as the rate of inflation and workers’ wages — the trend shows no signs of slowing. Large employers have responded by trying to shift more of the burden of health care costs to their employees, often in the form of high-deductible health plans, or HDHPs, and more recently through the use of controversial and legally questionable copay accumulator programs.

These programs, which prevent patients from applying any form of drug manufacturer copay assistance toward...

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