Dallas, TX asked in Insurance Bad Faith, Elder Law and Health Care Law for Maryland

Q: Can a pharmacist withhold refilling a script due it has not been pre-approved by health insurance. Offered to pay out o

Offered to pay out of pocket since I was out of it and need it to sleep?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, pharmacists can legally withhold filling prescriptions while waiting for insurance approval, even if you offer to pay out of pocket. This is because they must follow strict protocols and regulations regarding prescription medications.

However, there are options you might consider. You can ask your prescribing doctor to contact your insurance company directly to request an urgent authorization. Many insurance companies have processes for expedited approvals, especially for medications needed for essential functions like sleep.

In the meantime, you could try transferring your prescription to another pharmacy that might have different policies about out-of-pocket payments. You might also want to contact your insurance company yourself to understand why the pre-approval is needed and what documentation they require. Additionally, some pharmaceutical companies offer patient assistance programs that could help cover the cost while you wait for insurance approval.

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