Analysis

PBMs Aren't Ready To Throw In Towel In Preemption Fight

By Emily Brill (May 14, 2021, 2:01 PM EDT) -- As states release a flurry of bills targeting the pharmacy benefit manager industry after the U.S. Supreme Court confirmed they can oversee that sector, its lobbying group is doubling down on its argument that the Employee Retirement Income Security Act preempts such legislation.

In a brief filed Tuesday in the Eighth Circuit, the Pharmaceutical Care Management Association argued that the high court's unanimous decision that Arkansas can regulate PBMs doesn't give North Dakota a free pass to govern the industry. Pharmacy benefit managers, which connect pharmacies with insurers, include the multibillion-dollar companies OptumRx, CVS Health and Express Scripts.

Since the Supreme Court's December decision...

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