Health Law Client Advisory: A Win for PBMs: Federal Court Holds D.C.'s Access Rx Act Preempted by ERISA

In a decision handed down on March 19, 2009, the Pharmaceutical Care Management Association (PCMA) won a multi-year battle in federal court when the United States District Court for the District of Columbia held that the Access Rx Act (the “Act”)1 “impermissibly intrudes upon a field exclusively reserved for federal regulation.”2 This court?s holding that the Act is preempted by the Employee Retirement Income Security Act (ERISA) marks a departure from a First Circuit opinion upholding a nearly identical Maine statute in the face of a preemption challenge.3

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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