DOJ: OK Can Regulate PBMs Without Violating ERISA Preemption Clause

The federal government argues in a new amicus brief submitted to the Tenth Circuit Court of Appeals that an Oklahoma law regulating pharmacy benefit manager (PBM) business practices should be allowed to stand, although it said some of the laws’ provisions cannot be applied directly to insurance plans regulated by the Employee Retirement Income Security Act (ERISA). In the 2020 case Rutledge v. PCMA , the Supreme Court ruled that the Employee Retirement Income Security Act (ERISA) did not...