NACDS is hailing the U.S. Supreme Court’s unanimous decision released today in Rutledge, Attorney General of Arkansas v. Pharmaceutical Care Management Association.
The decision upholds an Arkansas law that, according to NACDS’ amicus brief, “prevents [pharmacy benefit manager] PBM contracts from reimbursing pharmacies at low rates that do not cover the costs of purchasing and dispensing expensive prescription medications, which presently results in pharmacies taking a loss for dispensed prescriptions.”
NACDS President and CEO Steven C. Anderson said of the Court’s decision:
“The unanimous decision that Arkansas’ statute regulating PBMs’ drug-reimbursement rates is not preempted by the Employee Retirement Income Security Act (ERISA) is strong and sound, and it is extremely significant for Arkansans and for the residents of approximately 40 other states that have enacted similar laws. In addition to resolving this issue of ERISA preemption, the U.S. Supreme Court’s decision upholds a state law that is designed to help mitigate the personal and community crises that result from a lack of healthcare access, which is exacerbated when pharmacies’ doors are forced to close.
“NACDS applauds the U.S. Supreme Court’s ruling and is honored to have engaged in this process through the arguments provided in our amicus brief. These arguments are substantiated by the dedicated efforts of NACDS members and their teams in communities across the nation, and this U.S. Supreme Court ruling encourages these trusted healthcare professionals and the patients they serve.”
Justice Sonia Sotomayor delivered the opinion of the Court. All other Members of the Court joined in the opinion, except Justice Amy Coney Barrett who took no part in the consideration or decision of the case. Justice Clarence Thomas filed a concurring opinion.
