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PBMs Keep ERISA Preemption Fight Alive
Duane Morris LLP Link to more items from this source
May 20, 2021

"Five months after the Supreme Court of the United States handed down a loss to the pharmacy benefit manager (PBM) lobbying group Pharmaceutical Care Management Association (PCMA), PCMA filed a brief in the Eighth Circuit arguing that the Court's ruling does not narrow the scope of [ERISA] preemption for PBM regulation.... PCMA's filing signified the opening round of the next fight as to whether the Supreme Court's ruling will be narrowly construed to apply to rate-setting regulation or applied more expansively to preempt PBM regulation of other conduct." [Pharmaceutical Care Management v. Wilkie, No. 18-2926 (on appeal to 8th Cir.; appellant brief filed May 11, 2021)]

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