Lexology October 18, 2023
A recent Tenth Circuit decision invalidating portions of an Oklahoma law regulating pharmacy benefit managers (PBMs) based on preemption could negatively affect similar laws in other states. The appellate court found that the Employee Retirement Income Security Administration (ERISA) and Medicare Part D preempted the challenged provisions of the PBM law. In its decision, the Tenth Circuit also explicitly acknowledged that the U.S. Supreme Court ruling in Rutledge v. PCMA, in which the high Court found that ERISA did not preempt an Arkansas PBM law, did not alter its preemption analysis.
Some see the Tenth Circuit decision as a big victory for PBMs, who currently face scrutiny by state and federal governments. The decision is also good for employers seeking...
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