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Supreme Court Finds ERISA Does Not Preempt State Prescription Drug Pricing Law
Ballard Spahr LLP 
Dec. 15, 2020 "Act 900 in Arkansas regulates the price paid by PBMs for the cost of drugs purchased at retail pharmacies through mechanisms designed to ensure that the pharmacy would at least recover the cost that it is able to negotiate with a typical wholesaler selling the drug.... The Supreme Court ruled that Act 900 ... does not 'immediately and exclusively' affect ERISA plans but is a form of cost regulation that will not so acutely affect the benefits and operation of employee benefit plans as to warrant preemption." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., No. 18-540 (S. Ct. Dec. 10, 2020)] MORE >> |
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