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Arkansas PBM Law Preempted by ERISA and Medicare Part D
Thomson Reuters Practical Law Link to more items from this source
June 13, 2018

"Act 900 attempted to set a floor to offset an industry trend in which pharmacies accepted reduced reimbursement rates for dispensed prescriptions ... as a result of participating in a PBM's preferred pharmacy network.... Act 900 also included a "decline-to-dispense" option if a pharmacy would lose money on a particular transaction.... The court relied on a recent Eighth Circuit decision in which the court held that an Iowa statute similar in purpose to Act 900 was ERISA-preempted ... The court observed that the law implicitly referenced ERISA by regulating PBMs in administering benefits for "covered entities," which necessarily included health plans." [Pharmaceutical Care Mgmt. Ass'n v. Rutledge, Nos. 17-1609, 17-1629 (8th Cir. June 8, 2018)]  MORE >>

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