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North Dakota Drug-Pricing Law Survives Early Legal Challenge

Nov. 7, 2017, 5:55 PM

A federal judge refused to block a North Dakota law limiting how companies like Express Scripts and CVS Health profit from prescription drug sales.

The group challenging the law, the Pharmaceutical Care Management Association, isn’t likely to prove that the state law is pre-empted by the federal Employee Retirement Income Security Act, the judge said Nov. 7. The judge also found insufficient evidence that the PCMA and its members, which include pharmacy benefit managers (PBMs) such as Express Scripts and CVS, would suffer significant financial burdens if forced to comply with the law. The law went into effect three weeks...

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