Mail Order Pharmacies

[Guest dsw713]

When the insurance carrier offers a mail-order pharmacy program, and the dispensing mail-order pharmacy is in another state, which state law applies -- the state where the mail order pharmacy is located (Texas) or the state where our insurance contract is written (Ohio)? Thanksl

[J Simmons]

There is a body of law to sort out which of two or more jurisdiction's laws ought to apply. This body of law is referred to as conflicts of laws. Depending on where a lawsuit is filed--Texas or Ohio--the answer might be different. That's because a court applies the rules of its state to decide which state's laws ought to apply, and different approaches are taken in different states. Many factors would come into play. A key one may be whether the contracts involved specify which state's law is to apply to the contracts and relationship between the parties.

Obviously whether Texas law applies rather than Ohio law to the mail-order pharmacy program is of concern. It is perhaps worth getting the opinion of a lawyer who would be able to ferret out all the relevant facts as part of the legal consultation.