The U.S. Supreme Court recently issued a unanimous decision
1 in
Rutledge v. Pharmaceutical Care Management Ass’n,
2 which supports the validity of state statutes that regulate reimbursement rates pharmacy benefit managers (PBMs) pay to pharmacies. Specifically, the Supreme Court’s ruling upheld Arkansas’s Act 900 (the Act)
3 requiring PBMs to reimburse pharmacies at a rate equal to or greater than the pharmacies’ acquisition costs, concluding that the Act was not preempted by the Employee Retirement Income Security Act of 1974 (ERISA),
4 even though it regulates the price at which PBMs must reimburse pharmacies for drugs covered by prescription drug plans.