Light at the end of the tunnel

[VictorOfHungerGames]

This is only the beginning. Better future is coming.

Big-time PBM scrutiny on the way as U.S. Supreme Court agrees to hear Arkansas case

“A handful of PBMs that rival the most profitable corporations in the world somehow operate with very little oversight because of confusion over whether federal law preempts the states from regulating them,” said Mustafa Hersi, NCPA's vice president and general counsel. “They have failed...

www.pharmacist.com

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[Hels2007]

Before being excited about the light at the end of the tunnel, check whether it's the headlights of the oncoming train...

 

[Wickett]

This is only the beginning. Better future is coming.

Big-time PBM scrutiny on the way as U.S. Supreme Court agrees to hear Arkansas case

“A handful of PBMs that rival the most profitable corporations in the world somehow operate with very little oversight because of confusion over whether federal law preempts the states from regulating them,” said Mustafa Hersi, NCPA's vice president and general counsel. “They have failed...

www.pharmacist.com

I wouldn't be too optimistic about a conservative leaning Supreme Court doing much, if anything, about how PBMs operate. I think for anything to meaningfully change, it will have to be done by individual states.

 

[VictorOfHungerGames]

I wouldn't be too optimistic about a conservative leaning Supreme Court doing much, if anything, about how PBMs operate. I think for anything to meaningfully change, it will have to be done by individual states.

Just the fact that the court is willing to listen and look at the case is exciting. Even if this doesnt go anywhere, it will force them to look into PBMs and expose them. Its a start.

 

[mentos]

What about health insurance premiums? Haven't those been under scrutiny for decades, yet they keep going up exponentially every year?

 

[BackRowChi]

From SCOTUS Blog:

"Issue: Whether the U.S. Court of Appeals for the 8th Circuit erred in holding that Arkansas’ statute regulating pharmacy benefit managers’ drug-reimbursement rates, which is similar to laws enacted by a substantial majority of states, is pre-empted by the Employee Retirement Income Security Act of 1974, in contravention of the Supreme Court’s precedent that ERISA does not pre-empt rate regulation."

PBM regulation is a true bipartisan issue. Something like 38 states have laws on the books that curb their abuse. I'm inclined to think that support for or against legislative action has less to do with political affiliation, but rather whether you can be bought. (See PBM legislation vetoed by Cuomo.)

At any rate, given Supreme Court precedent, it appears likely the court will rule in favor of Arkansas. Let's not forget that it was the current administration's Solicitor General that disagreed with the lower court's ruling.