June 15, 2017

Express Scripts is now requiring some applicants who wish to contract with them to furnish a $500,000 performance bond for at least the first two years of the contract. This bond, per Express Scripts, “guarantees to the obligee (Express Scripts) that the principal will carry out the performance of their contract according to terms and conditions agreed to by the parties.” Express Scripts may also require that the bond extend beyond the initial two-year period.   These bonds are very expensive and difficult to obtain. The cost of such a surety bond depends on the pharmacy and its owners’ creditworthiness, but is still very high, and can easily exceed $15,000.  We urge new and prospective pharmacy owners to contact us.

Brian E. Dickerson
brian.dickerson@fisherbroyles.com
202.570.0248

Anthony Calamunci
Anthony.calaunci@fisherbroyles.com
419.376.1776

Nicole Hughes Waid
nicole.waid@fisherbroyles.com
202.906.9572

Amy Butler
amy.butler@fisherbroyles.com
419.340.8466

Katy Wane
Katy.wane@fisherbroyles.com
502.890.5920