Bass, Berry & Sims attorneys Susie Bilbro, Will Gebo and Nicole Roth authored an article for HR.com discussing recent developments in state regulation on pharmacy benefit managers (PBM) and related litigation that are complicating the legal landscape for self-funded health plans.
The attorneys specifically addressed how a portion of Tennessee PBM Law is now preempted by ERISA, how certain Arkansas reporting requirements are not preempted by ERISA, the beginning of Florida reporting requirement enforcement, and Texas’ position that PBM legislation is not preempted by ERISA.
“Given the recent increase in prescription drug legislation and related litigation, state-level PBM reform and its impact on self-funded ERISA plans are continuously evolving,” said the authors. “Staying informed on new laws, ERISA preemption challenges and related developments is critical for self-funded ERISA plan sponsors to avoid being caught in a shifting landscape without a map.”
The full article, “State PBM Laws: A Complicated Landscape For Self-Funded Health Plans To Navigate,” was published by HR.com on October 28 and is available online.