LITTLE ROCK, Ark. — Attorney General Leslie Rutledge will be taking the case of Rutledge V. Pharmaceutical Care Management Association to the Supreme Court next week.
The heart of the issue is Arkansas enacting legislation that attempts to curb prescription drug reimbursements from pharmacy benefit managers or PBMs.
Those PBMs make money on the spread between rates at which they reimburse certain pharmacies and many accuse them of not doing so enough for small-town pharmacies because they are not part of bigger networks.
The PCMA will argue that the legislation Arkansas tried to enact preempts the Employee Retirement Income Security Act of 1974.
“In fact, our case has 45 states’ Attornies General and the District of Columbia who has filed briefs in the Supreme Court to rule that states do have the authority to enact meaningful regulations on PBMs.”
The Supreme Court will take this case up specifically on Tuesday October 6.