Litigation

Pharmaceutical Care Management Association (PCMA) v. Mulready

Date Filed: October 25, 2019
Status: Pending
District Court: District Court of Western District of Oklahoma – No. 5:19-cv-00977-SLP
Nature of Suit: Pharma Legislation Challenge
Defendant Type: State
Plaintiff Type: Private
Case Info: https://sourceonhealthcare.org/legal-challenges-against-state-pbm-laws-may-culminate-in-supreme-court-review/
Court Document: https://www.bloomberglaw.com/product/blaw/document/X332RB19QFH885QT0QIBN0F0OLJ,

The 2019 Oklahoma law, Patient’s Right to Pharmacy Choice Act, targets PBM conflict of interest by prohibiting higher reimbursement rates for PBM-owned pharmacies and bans PBMs from preventing pharmacies to disclose cost information to consumers. PCMA filed suit in Oklahoma district court just before the new law takes effect on November 1, 2019, arguing that the law “operates primarily to weaken competition among pharmacies by limiting the ability of PBMs to offer their cost-saving and quality assurance initiatives within the State of Oklahoma.” The parties agreed to a stay in the lawsuit as the Supreme Court had granted review of the lawsuit challenging a similar Arkansas law, PCMA v. Rutledge.


Associated Legislation:

HB 2632 – Oklahoma
Introduced:    Status: Enacted
[Enforcement suspended pending litigation] An Act relating to insurance; creating the Patient’s Right to Pharmacy Choice Act; declaring purpose; defining terms; providing for compliance standards for retail pharmacy networks; providing for review of retail pharmacy …