8th Circuit On Remand: ERISA Doesn’t, Part D Partly Does Preempt N.D. PBM Law

Mealey's (November 19, 2021, 1:19 PM EST) -- ST. LOUIS — On remand following the U.S. Supreme Court’s ruling in Rutledge v. Pharmaceutical Care Management Association, the Eighth Circuit U.S. Court of Appeals on Nov. 17 reversed its prior holding that the Employee Retirement Income Security Act preempts two sections of a North Dakota law regulating pharmaceutical benefit manager (PBM) practices; the Eighth Circuit also concluded that Medicare Part D preempts more provisions than the trial court ruled it did....