EP 159: The Role of PBMs, State PBM Legislation Under Federalism, and PBM Litigation Headlines

In this episode, Suzanne Spradley and Carol Wood discuss the role of pharmacy benefit managers (PBMs) and the recent proliferation of state laws that regulate PBMs. Next, Suzanne explains how these state PBM laws interact with federal laws, which are supreme. Suzanne reviews ERISA preemption and the U.S. Supreme Court Rutledge case, and how state lawmakers continue to test the boundaries of their authority with PBM legislation. The conversation then turns to a controversial Arkansas PBM law and the related litigation that has gained national attention. Suzanne and Carol end by providing employer takeaways and explaining why it’s important for employers to continue to monitor developments in this complex benefits area.