Rite Aid bankruptcy prompts Delaware action to protect prescription access

The public announcement was issued Sunday in response to the Rite Aid Bankruptcy. (Photo by Eric Hood/Adobe Stock)

In response to pharmacy closures across Delaware stemming from Rite Aid’s Chapter 11 bankruptcy proceedings, state officials are taking swift action to safeguard residents’ access to essential medications.

Delaware Insurance Commissioner Trinidad Navarro has issued Bulletin No. 153, outlining steps that health insurers and pharmacy benefit managers (PBMs) must take to reduce disruption and ensure continuity of care.

“Minimizing disruptions in pharmacy services is vital to ensuring the health and safety of Delawareans,” said Insurance Commissioner Trinidad Navarro. “Insurers and PBMs should ensure access to and coverage for emergency prescription refills, streamline the prior authorization and prescription transfer process, ensure fair reimbursement rates for pharmacies absorbing displaced patients, maintain adequate pharmacy networks, and communicate with affected policyholders.”

The closures could potentially leave thousands of patients without convenient access to their medications, prompting calls for both insurers and patients to act quickly.

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Navarro urged residents to proactively transfer prescriptions and encouraged healthcare providers to reach out to patients about switching pharmacies.

According to the Department of Insurance, a surge in prescription transfer requests is expected as displaced Rite Aid customers seek alternative pharmacies.

To address this, the Board of Pharmacy has authorized one-time emergency prescription refills, which insurers are now required to cover—even in cases where a prescriber is unavailable due to the closures.

Prescription records or pharmacy databases may be used for verification in these cases.

Insurers are also required to streamline the prescription transfer process and notify policyholders about closures, offering clear instructions and dedicated support—such as hotlines or web portals—to help facilitate the transition.

The bulletin also mandates automatic transfer of prior authorizations for medications tied to closed Rite Aid locations.

That includes expedited handling for specialty drugs and controlled substances, ensuring patients don’t face delays or added administrative burdens.

PBMs are directed to provide fair reimbursement rates to pharmacies taking in displaced patients and to avoid policies that steer patients toward specific providers or mail-order options—practices that are prohibited under Delaware’s Pharmacy Access Act.

Officials stressed the need to preserve access, especially in rural and underserved communities.

The emergency measures authorized by the Board of Pharmacy will remain in effect for 120 days unless extended or modified.

The Department of Insurance said it will monitor compliance closely and may issue additional guidance as the situation develops.