Lawyer: Legal Issues On Preemption Of PBM Regulation Unresolved

The Supreme Court will likely need to issue a new decision to resolve the extent to which state laws seeking to regulate pharmacy benefit managers (PBMs) are preempted by federal insurance law, a lawyer specializing in health policy said at AHIP’s annual conference this month. Philo Hall, senior general counsel at the law firm Epstein Becker and Green, said preemption of state laws that conflict with federal ERISA, Medicare Advantage (MA) and Part D requirements is currently one of the...