"In 2017, North Dakota passed ... [a statue which] 'sought to define the rights of pharmacist[s] in relation to [PBMs], and to regulate certain practices by PBMs.' The legislation regulates the fees PBMs and 'third-party payer[s]' may charge pharmacies, ... regulates benefits provisions and plan structures, ... and requires certain disclosures on the part of PBMs and prohibits PBMs from setting limits on information pharmacists may provide patients ... The North Dakota legislation's definitions of and references to 'pharmacy benefits manager,' 'third-party payer,' and 'plan sponsor' mean the legislation's provisions apply to plans 'subject to ERISA regulation.' ... [A] statute that implicitly regulates ERISA plans as part of its regulatory scheme is preempted by ERISA and cannot be saved merely because the reference also includes entities not covered by ERISA." [Pharmaceutical Care Management Association v. North Dakota, No. 18-2926 (8th Cir. Aug. 7, 2020; S. Ct. vacated and remanded Mar. 26, 2021)]  MORE >>