NCPA February 23, 2022 The 8th Circuit Court of Appeals issued an order denying PCMA’s petition for a panel rehearing and rehearing en banc (hearing before all judges) in PCMA v. Wehbi. PCMA filed the petition in response to the 8th Circuit upholding two North Dakota laws that permit the state to regulate PBMs last November. The 8th Circuit had previously held that the state laws were preempted by ERISA and Medicare Part D but reconsidered its decision after the Supreme Court ruled in Rutledge v. PCMA that state regulation of PBMs is not preempted by ERISA. The ruling permits the state laws to go into effect (with a few Medicare Part D exceptions) and will enable the state to push back on the abusive practices of PBMs. You can find more information on what the decision means for state regulation of PBMs here. NCPA
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