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HMO Can Charge Co-Pay Amount in Excess of Drug's Actual Cost, If Disclosed (PDF)
U.S. Court of Appeals for the First Circuit, Affirming District Court Decision for HMO 
[Opinion] Feb. 5, 2003
Alves v. Harvard Pilgrim Health Care Inc., No. 02-1817 (1st Cir. 2003). Excerpt: The gist of the plaintiffs' claim is that whenever the copayment exceeds the actual cost of the prescribed medicine to the plan, the excess represents money wrongly taken from the beneficiary, comprising a violation of the terms of the plan, a breach of fiduciary duty and/or affirmative misrepresentation.
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