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

Please see full advisory for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Mintz Levin - Health Law & Policy Matters | Attorney Advertising

Written by:


Mintz Levin - Health Law & Policy Matters on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.