The Burden of Federalism: Challenges to State Attempts at Controlling Prescription Drug Costs

ERISA Reform as Health Reform

“…These efforts have attracted ERISA preemption challenges. 45 Similarly, states have tried to regulate pharmacy benefit managers (PBMs), which purport to negotiate better prices from drug manufacturers on behalf of plans, but often require pharmacies to accept less than the plan reimbursement rate and then pocket the difference. PBMs have litigated the ERISA preemption issue into a circuit split, now pending before the Supreme Court.…”