Courthouse Steps Oral Argument Teleforum: Rutledge v. Pharmaceutical Care Management Association

Preemption is an issue seen commonly within legal disputes. In this case, the Pharmaceutical Care Management Association claims a 2015 law passed by the Arkansas General Assembly, which includes mandates for pharmacy reimbursement for drug costs, new requirements for pharmacy benefits managers' updates to maximum allowable cost lists, and administrative appeal procedures, was preempted by the Employee Retirement Income Security Act of 1947 (ERISA) and Medicare Part D. 

While the district court held preemption was evident in the ERISA but not in Medicare Part D, the 8th Circuit affirmed in part and reversed in part, and remanded the case. If preemption is upheld, the Supreme Court's precedent that ERISA does not preempt rate regulation could, too, be in question. 

Featuring: 

Anthony G. Provenzano, Member, Miller & Chevalier

Anthony F. Shelley, Member, Miller & Chevalier

 

 

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