Rutledge v. Pharmaceutical Care Management Assn. (18-540) of 10 December 2020
18 December 2020 – The U.S. Supreme Court handed down a decision on Thursday of last week that will impact state-level regulation of pharmacy benefit managers (PBMs) by holding that an Arkansas law regulating PBMs was not preempted by the Employee Retirement Income Security Act (ERISA). The Court held that ERISA does not preempt states’ ability to regulate PBMs and other members of the health care supply chain. Considering the bipartisan effort by state attorneys general, it would be safe to assume that PBMs can expect additional regulation in the future.
For the full decision, see here.