Oklahoma Pharmacy Benefit Manager Law Trimmed by 10th Cir. (1)

An Oklahoma law regulating pharmacy benefit managers was trimmed by the Tenth Circuit, which on Tuesday held that four of the law’s provisions are preempted by federal law.

Although the law “avoids mentioning ERISA plans,” it neverthess “encompasses these plans by striking at the head of network and benefit design” and is therefore preempted, the US Court of Appeals for the Tenth Circuit said.

Oklahoma’s Patient’s Right to Pharmacy Choice Act regulates pharmacy benefit managers like Express Scripts and CVS Health that administer prescription drug benefits for health plans.

The law is aimed at reducing drug costs by making ...