On January 10, 2019, Aimed Alliance added a new category to the health care reform lawsuit tracker, which will track cases that involve Pharmacy Benefit Managers (PBMs). The first case to be added is Rutledge v. Pharmaceutical Care Management Association (PCMA), which is a national trade association that represents the interests of PBMs. This case involves an Arkansas law that regulates how PBMs use maximum allowable cost lists, which are used to offer lower drug reimbursements to pharmacies in exchange for allowing the pharmacy to participate in the PBM’s preferred pharmacy network. PCMA challenged the validity of the state law by arguing that it is preempted by the Employee Retirement Income Security Act (ERISA) and Medicare Part D. This case will likely be heard by the Supreme Court of the United States in the coming months and the outcome could decide how much room states have to regulate PBMs and drug pricing generally.
You can view the PBM lawsuit tracker here.
You can view all lawsuits that Aimed Alliance is tracking here.