8th Circ. Asked To Rethink Negating North Dakota PBM Law

Law360 (August 13, 2020, 8:32 PM EDT) -- Four North Dakota officials asked the Eighth Circuit to reconsider limiting the state's ability to regulate pharmacy benefit managers, saying the court broke with precedent when it shot down a law overseeing the industry that controls health care plans' medication purchases.

The Eighth Circuit panel's Aug. 7 decision, which held that the Employee Retirement Income Security Act invalidates a North Dakota law regulating the fees PBMs charge pharmacies, flouts U.S. Supreme Court and circuit court precedent, the officials argued in a petition for rehearing filed Wednesday.

If the Eighth Circuit lets the decision stand, the ruling will "radically expand[] the scope...

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