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Solicitor General Weighs In on ERISA Preemption Battle Over PBM State Statutes
National Law Review Link to more items from this source
Dec. 10, 2019

"On December 4, 2019, the Solicitor General submitted his brief, which recommends that the Supreme Court accept the ... petition for certiorari, and recommends that the Court overturn the appeals court decision. At issue ... is whether an Arkansas statute that regulates the rates charged by Pharmacy Benefit Managers (PBMs), is preempted by [ERISA].... [T]he Arkansas law required PBMs to reimburse pharmacies for generic drugs at a price at least equal to what the pharmacy had paid for the drug." [Pharmaceutical Care Mgmt. Assoc. v. Rutledge, Nos. 17-1609 and 17-1629 (8th Cir. June 8, 2018; cert. pet. filed Oct. 22, 2018)]

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