Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

May 17, 2021

Linda Clark Quoted in Law360 Article on PBM Regulation

Linda Clark, Health Care Controversies Practice Area chair, is quoted in Law360 in “PBMs Aren’t Ready to Throw in Towel in Preemption Fight” about state bills intended to regulate PBMs in the wake of the US Supreme Court’s Rutledge decision. However, the Pharmaceutical Care Management Association (PCMA) is fighting state oversight of PBMs in the courts, seeking to do away with state and federal policies on the grounds that they are preempted by ERISA. In its opening brief, PCMA claimed that the laws in question “directly regulate benefit design and substantive matters covered by ERISA.” 

In response to PCMA’s fight, Linda said, “I think the litigation you’re going to see right now is going to be very fact-specific, based upon precisely what the legislation allows the states to do, and then the courts are going to be giving guidance about exactly where that line is with respect to plan design.” She also added that if the court sides with North Dakota, “then PCMA’s going to be really running out of ammo,” and the push for new state PBM laws will likely ramp up.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals

Alerts

FTC Noncompete Rule Survives—For Now

Alerts

New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence

Alerts

ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape

Alerts

EU Leads the Way on Artificial Intelligence Regulation

Alerts

End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out