ERISA Preemption of State Regulation of PBMs May Be Headed to Supreme Court After Tenth Circuit Denies En Banc Hearing

Subscribe (Free) to
Daily or Weekly Newsletters

Post a Job

Featured Jobs

Mergers & Acquisition Specialist

Compass
(Remote / Stratham NH / Hybrid)

Senior Compliance Analyst

MVP Plan Administrators, Inc.
(Remote)

Retirement Plan Consultant

July Business Services
(Remote / Waco TX)

3(16) Fiduciary Analyst

Anchor 3(16) Fiduciary Solutions
(Remote / Wexford PA)

ESOP Administration Consultant

Blue Ridge Associates
(Remote)

Internal Sales Consultant

EPIC RPS
(Remote / Norwich NY)

Relationship Manager for Defined Benefit/Cash Balance Plans

Daybright Financial
(Remote)

Managing Director - Operations, Benefits

Daybright Financial
(Remote / CT / MA / NJ / NY / PA / Hybrid)

Retirement Plan Administration Consultant

Blue Ridge Associates
(Remote)

Cash Balance/ Defined Benefit Plan Administrator

Steidle Pension Solutions, LLC
(Remote / NJ)

Retirement Plan Administrator

Strongpoint Partners
(Remote)

ESOP Consultant

BPAS
(Remote)

Relationship Manager

Compass
(Remote / Stratham NH / Hybrid)

Combo Retirement Plan Administrator

Strongpoint Partners
(Remote)

Regional Vice President, Sales

MAP Retirement USA LLC
(Remote)

DC Retirement Plan Administrator

Michigan Pension & Actuarial Services, LLC
(Farmington MI / Hybrid)

Relationship Manager

Retirement Plan Consultants
(Urbandale IA / Hybrid)

Distribution Reviewer

Nova 401(k) Associates
(Remote)

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

ERISA Preemption of State Regulation of PBMs May Be Headed to Supreme Court After Tenth Circuit Denies En Banc Hearing
Locke Lord LLP via JDSupra

Dec. 19, 2023

"The Oklahoma Attorney General's office is likely to appeal to the Supreme Court. ... [T]he Eighth Circuit had previously ruled that ERISA did not preempt regulation of pharmacy benefit managers (PBMs) ... while the Tenth Circuit [has] ruled that similar regulation is preempted by ERISA.... As things now stand, PBMs, insurers, etc., operating in Kansas City, Missouri, and Kansas City, Kansas, may be subject to different legal standards as ERISA preempts state regulation of PBMs in Kansas but not in Missouri." [PCMA v. Mulready, No. 22-6074 (10th Cir. Aug. 15, 2023; pet. for en banc hearing denied Dec. 12, 2023)] MORE >>

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title).

An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above).