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State PBM Regulation: Oklahoma District Court Latest to Rule on ERISA, Part D Preemption
Crowell & Moring 
Apr. 8, 2022 "PCMA contended that these provisions had an impermissible connection with ERISA because they directly affected ERISA plans by dictating network composition, cost-sharing differentials, and communications with beneficiaries, or, in some cases, the benefit design of a plan.... The court acknowledged that these provisions might alter the incentives and limit some of the options that an ERISA plan can use, and would have some effect on the way PBMs pay and/or reimburse pharmacies, but held that they did not impermissibly dictate the design of ERISA plans or force the plans into making any specific choices." [Pharmaceutical Care Management Assoc. (PCMA) v. Mulready, No. 19-0977 (W.D. Okla. Apr. 4, 2022)] |
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