Pharmaceutical Trade Group Says Oklahoma Legislation Is Preempted By ERISA

(October 29, 2019, 9:45 AM EDT) -- OKLAHOMA CITY — A national trade association representing pharmacy benefit managers (PBMs) claims in an Oct. 25 complaint filed in Oklahoma federal court that new legislation slated to take effect on Nov. 1 and geared toward changing how a patient’s pharmacy benefits are administered is preempted by the Employee Retirement Income Security Act and the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA) and that the state’s insurance commissioner should be enjoined from enforcing the new legislation (Pharmaceutical Care Management Association v. Glen Mulready, in his official capacity as Insurance Commissioner of Oklahoma et al., No. 19-977, W.D. Okla.)....

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