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PBMs Score a Win in Federal Court Against State Regulation
McDermott Will & Emery 
Apr. 24, 2025 "[T]he McKee court held that Tennessee's 'any willing pharmacy' law had an impermissible connection with ERISA plans and was therefore preempted. In so holding, the court rejected the state of Tennessee's reliance on Rutledge. Critically, Rutledge involved a form of cost regulation, not plan structure. By contrast, pharmacy networks -- at issue in McKee -- are plan structures." [McKee Foods Corporation v. BFP Inc., No. 21-0279 (E.D. Tenn. Mar. 31, 2025)] MORE >> |
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