Trade Group Urges High Court To Bury Arkansas PBM Law

Law360 (March 26, 2020, 5:00 PM EDT) -- The Pharmaceutical Care Management Association has pushed back on Arkansas’ bid to have the U.S. Supreme Court revive a state law regulating pharmacy benefit managers, telling the justices the statute flew in the face of ERISA’s “fundamental purpose.”

The association on Wednesday urged the high court to affirm the Eighth Circuit’s finding that the Arkansas statute, Act 900, was preempted by the Employee Retirement Income Security Act. The high court granted Arkansas’ request to review the case in January.

In its brief, the trade group argued Act 900 regulated matters that were central to administering plans, made impermissible references to ERISA...

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