Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law

In a win for self-funded (i.e., self-insured) health plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Tenth Circuit recently ruled that ERISA preempts provisions of an Oklahoma law regulating pharmacy benefit managers (PBMs) and pharmacy networks. The states in the Tenth Circuit are: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming….
By: Bass, Berry & Sims PLC
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