Case: 4:18-cv-01005 Doc.

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Exhibit G
Case: 4:18-cv-01005 Doc. #: 1-7 Filed: 06/20/18 Page: 2 of 3 PageID #: 59

,..,....
, . EXPRESS SCRIPTS•
·~

September 20, 2017

Sent via Email to SLee@BSFLLP.com

William A. Isaacson, Esq .

Boies Schiller Flexner LLP
140 I New York A venue NW
Washington, DC 20005

Re: Respo nse to July 27, 2017 Letter 011 Behalf of CZ Services, Inc. d/b/a CareZone
Pharmacy, NCPDP 5654137 ("Provider")

Dear Mr. Isaacson,

Express Scripts, Inc. ("ESI'') is in receipt your letter dated July 27, 2017 letter regarding ESI'
request to CZ Services to cease and desist any and all mail order to ESI members.

Notwithstanding the additional explanation set fo1th in your letter, ESI maintains its position
that Provider is engaged in mail order in violation of the Express Scripts, Inc. Pharmacy Provider
Agreement, including the Express Scripts, Inc. Network Provider Manual (collectively, the
"Agreement"). Provider's owner, Jonathan Schwartz, appears to be the owner of Parliament
Delivery, LLC ("Parliament"). Parliament's 201 7 LLC-12 filing with the California Secretary of
State Statement of Information which states that the type of business is "De livery Services". Further,
in the Manager(s) or Member(s) section, it states that the Entity name is Care Zone, Inc. and the
address is the same street address as CareZone Pharmacy. Accordingly, it is clear that Provider is
attempting to circumvent compliance with its contractual obligations to ESI by simply utilizing
another entity under common ownership with Provider to "deliver" (mail) prescriptions to ESI
members - approximately 99% ofESI's members.

Based on the foregoing, ESI, again, hereby demands that Provider refrain from any conduct
that constitutes a breach of the Agreement and, specifically, that Provider cease mailing, including,
but not limited to, via its affiliated delivery service, to ESI members by no Jater than September 29,
.2017.

Alternatively, if Provider desires to continue its mail order operations, Provider may apply to
become a mail order pha1macy provider solely for Medicare Part D and if the pharmacy passes the
Medicare D mail order credentialing process, it will be pcnnitted in the network to fill for Medicare
Part D claims only. Provider, however, will still be terminated from participation in any other

~/''" Con11dontlal Information

Express Scripts, Inc. One Express Way St. Louis, MO 63121 {888)571 -8182
Case: 4:18-cv-01005 Doc. #: 1-7 Filed: 06/20/18 Page: 3 of 3 PageID #: 60

networks for other payors. If Provider is interested in pursuing this path, the phatmacy may contact
ESI's credentialing department to request an application.

Provider must confirm in writing no later than September 25, 2017 that it will cease its mail
order operations to ESI Members, as set fo1th above. In the event Provider fails to supply the
requested confirmation, ESI will move forward with immediate termination of Provider's
participation in ESI' s provider network in accordance with Section I of the Provider Agreement.

If you have any further questions, you may contact me at (314) 684-5176 or via email at
SJRiley@express-scripts.com.

Senior Legal Counsel II

ESI, Inc.

Confldonllal Information

Express Scripts, Inc. One Express Way St. Louis, MO 63121 {888)571 -8182