Bloomberg Law
Nov. 21, 2018, 7:36 PM

32 States Ask SCOTUS to Revive Arkansas Drug Pricing Law

Jacklyn Wille
Jacklyn Wille

California, New York, and 30 other states signed on to a brief asking the U.S. Supreme Court to revive an Arkansas drug pricing law that an appeals court struck down as conflicting with federal statutes.

The Arkansas law, which regulates how companies like Express Scripts and CVS Health reimburse pharmacies for prescription drugs, is a valid exercise of state authority to regulate health care, the Nov. 21 brief argues. The states want the Supreme Court to undo the U.S. Court of Appeals for the Eighth Circuit’s June decision holding that the Arkansas law preempted by the Employee Retirement Income Security ...