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ERISA's Express Preemption Superpower Beats Iowa Pharmacy Benefits Manager Law
Tucker Ellis LLP 
Jan. 24, 2017
"The Court held that the law 'imposes mandates and restrictions on a PBM's relationship with Iowa and its pharmacies that run counter to ERISA's intent of making plan oversight and plan procedures uniform.' The Court found that the law specifically referenced self-funded plans regulated by ERISA -- carving them out due to ERISA preemption [and] observed that if the effect of a State law is to exclude some employee benefits plans from its coverage, that law has a prohibited reference to ERISA and is preempted." [Pharmaceutical Care Management Ass'n v. Gerhart, No. 15-3292 (8th Cir. Jan. 11, 2017)]
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