SAPG Legal’s attorneys practice in the niche are of pharmacy law, where they represent pharmacy owners and managers, specifically pharmacists in charge, prescription department managers, and consultant pharmacists, with issues related to the ownership and operation of pharmacies. SAPG works with pharmacists, community, specialty and compounding pharmacies, durable medical equipment suppliers and home medical equipment providers.
New Retail Pharmacy Establishment
SAPG Legal’s pharmacy practice offers complete legal packages to pharmacy owners through setting up new retail pharmacies. SAPG’s services include:
- Consultation of viability of a retail pharmacy
- Creating the proper entity (Corporation, LLP, or LLC)
- Preparation of all corporate/LLC documents required by state licensing boards
- Analysis, drafting, revising, and negotiating commercial leases and subleases
- Creating shareholders agreements, LLC operating agreements, and partnership agreements
- Pre-inspection review of the new pharmacy to ensure inspection readiness
- Attending pharmacy inspections
- Procuring NPI, NCPDP and DEA numbers
- Applying for Medicare and Medicaid provider numbers
- Preparation of pharmacies for DME accreditation
- Negotiating and contracting with wholesalers, software and equipment vendors
- Drafting employment agreements and preparation of compliance plans
Transferring ownership of a pharmacy is highly regulated and is different and more complex than a standard transaction. The legal process requires multiple applications to state licensing boards, Medicare/Medicaid, as well as coordination with suppliers, vendors, and other entities, on which the operation of a pharmacy depends. Most importantly, it requires knowledge of the intricacies and understanding of operating an independent pharmacy.
SAPG Legal represents independent pharmacy owners in sales, buying assets of existing pharmacies, sale of files and goodwill to chain pharmacies, institutional pharmacies, specialty pharmacies and pharmacy owners selling, acquiring or redistributing ownership interest in pharmacy businesses.
SAPG Legal assists new pharmacy owners enrollment with Pharmacy Benefit Managers to ensure that the pharmacy can service as many patients as possible.
PBM Audits and Contract Termination
SAPG Legal defends pharmacies in audits and investigations by PBMs and governmental payors and ensure that the pharmacies are not treated unfairly and not subject to unlawful attempts by PBMs to terminate contracts.
SAPG Legal advocates and lobbies to state legislature on behalf of pharmacy owners to highlight the challenges and issues of DIR fees imposed by PBMs.