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Tenth Circuit Holds ERISA Preempts State PBM Regulation
Slevin & Hart, P.C.
Aug. 30, 2023 "The court's opinion distinguished the case from Rutledge v. Pharmaceutical Care Management Association (PCMA), in which the Supreme Court held that an Arkansas law requiring PBMs to tie their reimbursement rates to pharmacies' costs was not preempted by ERISA because it did not dictate plan choices. The 10th Circuit reasoned that, whereas the Arkansas law at issue in Rutledge merely resulted in an increase of costs for the PBM, the Act goes further by potentially having a direct effect on a plan's network design, and therefore 'governs a central matter of plan administration.' " [PCMA v. Mulready, No. 22-6074 (10th Cir. Aug. 15, 2023)] MORE >> |
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