Mintz Member Rachel Alexander shared insights with Bloomberg Law for an article about how employers are increasingly challenging state laws regulating pharmacy benefit managers (PBM). The piece focuses on the Supreme Court’s recent decision not to review Oklahoma’s Patient’s Right to Pharmacy Choice Act, which the Tenth Circuit had struck down for violating ERISA. While the ruling applies only to the six states under the Tenth Circuit, it may influence similar cases nationwide.

Rachel comments that "any willing provider" laws have been on the books for years without any threat of legal challenge. But, she says, that could be changing in light of the Tenth Circuit’s decision. "It would be interesting to see if there's suddenly a rollback in those laws," she says. 

Source

Bloomberg Law