"The plans argued that since Rule 128 places a direct obligation on ERISA-governed plans in the form of reporting and dispensing fee requirements, ERISA preempts it. ... The court noted that the rule applies to all plans, not just plans that fall under ERISA.... One critic of the decision pointed out that Rule 128 expressly refers to self-funded plans and establishes reporting requirements similar to the PBM rule that the Supreme Court found to be preempted by ERISA in Gobeille[.]" [Central States, Southeast and Southwest Areas Health and Welfare Fund v. McClain, No. 25-3938 (N.D. Ill. Sep. 2, 2025)]  MORE >>