1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Decision Sheds Light on State Authority to Regulate Health Care Costs March 26, 2021 Alongside recent federal efforts to combat escalating prescription drug costs, state governments have sou
2、ght to address these high costs within their borders. Many state efforts involve restrictions on pharmacy benefit managers (PBMs), companies that facilitate the purchase of drugs through the pharmaceutical distribution chain and administer prescription drug coverage on behalf of health insurers, emp
3、loyers, and others. While many states have enacted legislative measures intended to hold PBMs accountable for their role in the pharmaceutical marketplace, PBMs have challenged some of these measures on the basis that they are preempted by the federal Employee Retirement Income Security Act (ERISA).
4、 On December 10, 2020, in Rutledge v. Pharmaceutical Care Management Assn, the Supreme Court weighed in on this issue, concluding that a state PBM law withstood preemption by the federal act. Why does this case warrant attention for the Biden Administration and the 117th Congress? In the past, court
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