Arkansas AG presents arguments in pharmaceutical care case to U.S. Supreme Court


Arkansas Attorney General Leslie Rutledge with a bipartisan group of state attorneys general speaks to reporters in front of the U.S. Supreme Court in Washington, Monday, Sept. 9, 2019. A bipartisan coalition of 48 states along with Puerto Rico and the District of Columbia said Monday it is investigating whether Google’s search and advertising business is engaged in monopolistic behavior. It follows a Friday announcement of a similar multistate probe targeting Facebook. (AP Photo/Manuel Balce Ceneta)

LITTLE ROCK, Ark. – Attorney General Leslie Rutledge will be taking the case of Rutledge V. Pharmaceutical Care Management Association to the Supreme Court this morning.

To watch the oral arguments live: CLICK HERE.

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’ Attorneys 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.”

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