Government Supports Neither Party In Preemption Dispute Over Oklahoma Pharma Law

Mealey's (April 11, 2023, 9:45 AM EDT) -- DENVER — In an April 10 amicus brief in the 10th Circuit U.S. Court of Appeals supporting neither party, the government argues for partial reversal and partial affirmance of a ruling that the Employee Retirement Income Security Act does not preempt an Oklahoma law pertaining to pharmaceutical benefit managers (PBMs); it also seeks reversal of a ruling that Medicare Part D does not preempt the law’s any willing provider (AWP) provision....