Justices Ask Feds to Address ERISA Liability for Drug Pricing

The U.S. Supreme Court signaled interest in deciding whether health insurers and pharmacy benefit managers face ERISA liability when negotiating drug prices on Monday, when it requested the government’s view in a case involving Anthem Inc. and Express Scripts Inc.

The justices invited the U.S. solicitor general to file a brief giving the federal government’s views in a case asking whether negotiations over how much health plan participants pay for prescription drugs can give rise to fiduciary liability under the Employee Retirement Income Security Act.

The case challenges a 2009 deal in which Express Scripts, a PBM that coordinates prescription ...