Oklahoma Drug Pricing Law Latest to Face Legal Challenge (1)

Oklahoma is the latest state to face an ERISA challenge to a law regulating pharmacy benefit managers, according to a complaint filed in the Western District of Oklahoma by the Pharmaceutical Care Management Association.

Oklahoma’s Patient’s Right to Pharmacy Choice Act, which is aimed at curbing controversial practices by PBMs like Express Scripts and CVS Health, is preempted by the federal Employee Retirement Income Security Act and Medicare Part D regulations, the PCMA argued in an Oct. 25 lawsuit.

“Contrary to its name,” the Oklahoma law doesn’t focus on patient rights, but instead “operates primarily to weaken competition among pharmacies ...