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PBM Regulation In Maine Blocked By Federal Court; ERISA Preempts State

Executive Summary

Maine's attempt to regulate the pharmacy benefit management industry is preempted by the Employee Retirement Income Security Act, Maine federal court Judge John Woodcock ruled March 9

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PBM “transparency” lawsuit

The Pharmaceutical Care Management Association files suit June 29 in Washington, D.C. federal court to block enforcement of the District's "AccessRx Act of 2004," enacted in May. The law requires full disclosure of PBMs' fees and financial terms between PBMs and drug companies, designates PBMs as fiduciaries, and requires pass through of all payments and discounts from manufacturers. The association contends that D.C.'s law violates the Commerce and Takings Clauses of the U.S. Constitution and that it is preempted by the federal Employee Retirement Income Security Act. A Maine federal court judge granted a preliminary injunction in March against a similar provision in that state (1"The Pink Sheet" March 15, 2004, p. 17)....

PBM “transparency” lawsuit

The Pharmaceutical Care Management Association files suit June 29 in Washington, D.C. federal court to block enforcement of the District's "AccessRx Act of 2004," enacted in May. The law requires full disclosure of PBMs' fees and financial terms between PBMs and drug companies, designates PBMs as fiduciaries, and requires pass through of all payments and discounts from manufacturers. The association contends that D.C.'s law violates the Commerce and Takings Clauses of the U.S. Constitution and that it is preempted by the federal Employee Retirement Income Security Act. A Maine federal court judge granted a preliminary injunction in March against a similar provision in that state (1"The Pink Sheet" March 15, 2004, p. 17)....

Pharmacy Access Laws Would Increase Drug Costs, FTC Says

Bills pending in Rhode Island that would require insurance plans to have open pharmacy networks would likely result in increased costs to consumers, the Federal Trade Commission said

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