32 States Back Ark. In Potential High Court Drug-Price Fight

Law360 (November 26, 2018, 8:31 PM EST) -- California, Texas and 30 other states have thrown their weight behind Arkansas in its fight to get the U.S. Supreme Court to undo an Eighth Circuit ruling that prevented the state from regulating pharmacy benefit managers’ drug reimbursement rates.

In an amicus brief supporting Arkansas’ Oct. 22 petition for a writ of certiorari, the states argued on Wednesday that the Eighth Circuit interpreted the Employee Retirement Income Security Act too broadly when deciding that the federal law preempted an Arkansas state law that dictated how much pharmacies get reimbursed for the generic drugs they buy from wholesalers.

“The unbounded approach to...

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