Supreme Court Holds Arkansas Statute Regulating PBMs Not Preempted By ERISA

States seeking to regulate pharmacy benefit managers (PBMs) and prescription drug pricing received a win from the Supreme Court, which reversed an Eighth Circuit decision that had invalidated an Arkansas law governing pharmacy and PBM conduct on ERISA preemption grounds. Eighth Circuit Decision - On December 10, 2020, in a unanimous 8-0 decision (Justice Amy Coney Barrett did not participate), the Supreme Court held that an Arkansas state law that regulates the price at which PBMs pay...
By: Arent Fox

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