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Does a pharmacy accept an obligation to advice a accommodating be abiding that allowance will awning a prescription? That’s the catechism at the affection of a battleground case that the Massachusetts Supreme Judicial Cloister disqualified on Thursday.

Yarushka Rivera, 19, of Lowell had attack and took a biologic called Topamax to administer her life-threatening seizures. Her insurer, MassHealth, covered the drug, and the ancestors was able to aces it up from their ed Walgreens until June 2009 afterwards any trouble.

A ages later, afterwards Rivera angry 19, MassHealth wouldn’t awning the amount of the biologic afterwards a doctor’s pre-authorization for allowance coverage. The pharmacy told the ancestors about the claim and said they would accept to pay $399.99 out of abridged for the acute medication — money they did not have, according to cloister documents.

While the ancestors was clumsy to get the decree filled, Walgreens said it would fax Rivera’s doctor to appeal the pre-authorization form.

This was accepted practice, the aggregation said in court. In fact, the Walgreens computer arrangement was set up so that aback allowance denied advantage for the drug, the pharmacist would alone accept to bang a on to automatically fax the doctor’s appointment to appeal the form.

“The ancestors

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