191774P.pdf   09/04/2020  Trone Health Services, Inc.  v.  Express Scripts Holding Co.
   U.S. Court of Appeals Case No:  19-1774
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Author, with Loken and Gruender, Circuit Judges] 
   Civil case - Contracts. The plaintiff pharmacies alleged Express Scripts 
   breached its contracts with them by using confidential customer 
   information the pharmacies provided Express Scripts in order to switch the 
   customers to Express Scripts' mail-order service when it should have only 
   used the information to confirm customer coverage and reimburse the 
   pharmacies; the district court did not err in dismissing the claim 
   because: (1) HIPAA does not authorize the pharmacies to control or use 
   their customers' information or grant the pharmacies the power to enforce 
   their customers' rights and (2) the pharmacies failed to allege a breach 
   of contract based upon an alleged past or ongoing HIPAA violation because 
   they failed to allege that Express Scripts use of the HIPAA-protected 
   information lacked the express authorization of the insurance plan 
   sponsors; the district court did not err in finding the unambiguous 
   provisions of the parties' agreements permitted Express Scripts to 
   dispense pre-authorized refills to the plan sponsors' members and its 
   actions were not, therefore, a breach of the implied covenants of good 
   faith and fair dealing; claims the conduct constituted unfair competition, 
   misappropriation of trade secrets, tortious interference with business 
   expectancy and attempted monopolization rejected.