8th Circuit Won't Rehear Ruling That ERISA Preempts N.D.'s PBM Regulations

Mealey's (September 8, 2020, 1:09 PM EDT) -- ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Sept. 2 declined to rehear its earlier ruling that two sections of North Dakota's code that regulate the practices of pharmaceutical benefit managers (PBMs) make implicit reference to the Employee Retirement Income Security Act and, therefore, trigger preemption from the federal law (Pharmaceutical Care Management Association v. Marilyn Tufte, et al., No. 18-2926, 8th Cir., 2020 U.S. App. LEXIS 24922)....