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Supreme Court Holds Arkansas Statute Regulating PBMs Not Preempted by ERISA
Arent Fox 
Dec. 21, 2020 "The Court's opinion reinforces that ERISA preemption does not have as broad of a sweep as the statute's language might suggest. State laws that may indirectly impact a plan's costs or a participant's benefits, that 'establish[] a floor for the cost of the benefits that plans choose to provide,' ... do not impact 'central matters of plan administration' and so are not preempted. The Court's ruling will no doubt embolden states seeking to regulate pharmacy and PBM conduct, and will be relied upon by parties seeking to protect state law-based rights in court, with respect to prescription drug reimbursement or otherwise." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., No. 18-540 (S. Ct. Dec. 10, 2020)] |
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