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Eighth Circuit Decides ERISA Preempts North Dakota PBM Law
Thomson Reuters Practical Law 
Aug. 11, 2020 "[T]he Eighth Circuit agreed with the PBM trade association that the legislation was ERISA-preempted because its references to plan sponsors and third-party payers were impermissibly related to ERISA benefit plans. The challenged legislation, the court reasoned, regulated [pharmacy benefit managers] and defined that term as a person that performed pharmacy benefit management for a third-party payer -- which necessarily included ERISA plans." [Pharmaceutical Care Mgt. Assoc. v. Tufte, No. 18-2926 (8th Cir. Aug. 7, 2020; vacated Apr. 1, 2021; S. Ct. vacated and remanded Mar. 26, 2021)] MORE >> |
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