High Court Wades Into ERISA Drug-Pricing Battle

By Emily Brill (January 10, 2020, 4:56 PM EST) -- The U.S. Supreme Court picked up its fourth Employee Retirement Income Security Act case of the term on Friday, opting to review the Eighth Circuit's controversial holding that the federal benefits law restricts states' ability to regulate benefits administrators' drug reimbursement rates.

Attorneys have been keeping a close eye on this case, which has broad implications for states' ability to keep a cap on drug prices — and companies' ability to use ERISA to slash unwanted regulations.

U.S. Solicitor General Noel J. Francisco urged the high court to take up the case in December. He said states need guidance on whether...

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