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Supreme Court to Decide on ERISA Preemption of State Law Regulating Prescription Drug Pricing
Trucker Huss Link to more items from this source
Nov. 25, 2020

"At oral argument ... Chief Justice Roberts commented that it was not the fault of Arkansas or the pharmacies that 'PBMs have such byzantine procedures that affect drug prices' -- a comment which might suggest that the state law has a purpose worthy of being upheld. Several justices asked questions on the issue of costs and impact on benefits -- specifically, whether Act 900 increased drug costs for employee benefit plans and participants, and whether that triggered ERISA preemption." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., Nos. 17-1609 and 17-1629 (8th Cir. Jun. 8, 2018; S. Ct. No. 18-540, oral arg. Oct. 6, 2020)]

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