Litigation

Pharmaceutical Care Management v. Rutledge

Date Filed: August 13, 2015
Status: Decided
District Court: Eastern District of Arkansas – 4:15-cv-00510-BSM
Appellate Court: 8th Circuit 17-1609, 17-1629
Nature of Suit: Pharma Legislation Challenge
Defendant Type: State
Plaintiff Type: Private
Case Info: http://sourceonhealthcare.org/litigation-and-enforcement-highlights-november-2018/
Court Document: https://wsauth.bna.com/wsauth/blawauth?target=https://www.bloomberglaw.com/document/X1Q6O09AF0O2

The 8th Circuit held that both ERISA and Medicare Part D preempted Arkansas’ drug pricing law Act 900 (SB 688). Act 900 requires disclosure of generic drug pricing and sets a floor on prices that PBMs can pay to pharmacies. Pharmaceutical Care Management Association (PCMA), a trade association representing PBMs, brought the suit against the state in 2015. The district court found that ERISA preempted the law but Medicare Part D did not. See The Source Blog.


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