On December 10, 2020, the United States Supreme Court issued an
opinion in
Rutledge v. Pharmaceutical Care Management
Association, Case No. 18-540, announcing for the first time
that ERISA does not preclude a state s ability to regulate the
relationships between independent pharmacies and pharmacy benefit
managers (PBMs). More specifically, the decision held that a state
could require PBMs to reimburse independent pharmacies at a fair
and reasonable rate that is not less than the rate for large retail
pharmacy chains affiliated with the PBMs.
The court overturned a decision by the U.S. Court of Appeals for
the Eighth Circuit that a 2015 law, known as Arkansas Act 900,
Managing Editor
The first vaccine to prevent COVID-19 has been cleared for use in the United States. The Food and Drug Administration on Saturday granted emergency use authorization to Pfizer and BioNTech’s COVID-19 vaccine for use in individuals 16 years old and older. The first shipments began leaving facilities on Sunday.
The FDA’s decision was based on data from its Phase 3 clinical study, whose results were published last week in the New England Journal of Medicine and which saw a 95% vaccine efficacy rate. The two companies continue to gather additional data and prepare a biologics license application for full approval from the FDA in 2021.
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WASHINGTON, Dec. 11, 2020 /PRNewswire/ The leaders of 18 pharmacy organizations today issued the following statement following the Food and Drug Administration s approval of the first Emergency use Authorization for the COVID-19 vaccine. We heartily welcome the decision by the US Food and Drug Administration (FDA) to authorize the emergency use of the first COVID-19 vaccine, following the recommendation of the Vaccines and Related Biological Products Advisory Committee (VRBPAC). This is a historic moment in the nation s effort to end the pandemic. The pharmacy profession is ready to do its part as qualified, active participants in administering these vaccines in accordance with guidance issued by the FDA, CDC, HHS and state and local health departments, as well as increasing access for the American public to these important disease prevention tools.
Search jobs Specialty Pharmacy Applauds Supreme Court Decision to Allow States to Regulate PBM Practices
WASHINGTON, Dec. 11, 2020 /PRNewswire/ The National Association of Specialty Pharmacy (NASP) applauds the 8-0 decision by the Supreme Court to restore Arkansas right to govern the amount that Pharmacy Benefit Managers (PBMs) reimburse pharmacies, in Rutledge v. the Pharmaceutical Care Management Association (PCMA). This decision will give states more flexibility to oversee PBM reimbursement practices to ensure patient access and affordability and protect market competition.
Since 2012, NASP members have reported a dramatic decrease in prescription reimbursement and an increase in claw-back fees such as Direct and Indirect Remuneration (DIR) by many PBMs.