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Supreme Court Gives Nod to States Regulating Pharmacy Benefit Managers Reimbursement
BakerHostetler
Dec. 14, 2020 "With the Court's unanimous decision ... states received a playbook for how to regulate PBMs and pharmacy reimbursement.... The 8th Circuit, which the Court reversed here, recently held that ERISA preempts a North Dakota law that regulates the fees PBMs and third-party payers charge pharmacies, limits what copayments PBMs or third-party payers may charge, and dictates the quality metrics PBMs and third-party payers may use to evaluate pharmacies. The [Rutledge] ruling ... that ERISA does not preempt a state law regulating the price at which PBMs reimburse pharmacies may set the stage for another reversal of the 8th Circuit." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., No. 18-540 (S. Ct. Dec. 10, 2020)] MORE >> |
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