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Recently, the Supreme Court released its decision in Rutledge v. Pharmaceutical Care Management Association.  The case considers whether the Employee Retirement Income Security Act of 1974 (“ERISA”) preempts an Arkansas state law regulating pharmacy benefit managers’ (“PBMs”) generic prescription drug reimbursement rates.  The Supreme Court reversed and held that Arkansas’ state law regulating PBMs is not preempted by ERISA, clearing the way for stricter regulation of PBM pricing which may differ from state-to-state. What Are PBMs and What Does This Ruling Have to Do with ERISA...

To embed, copy and paste the code into your website or blog: On December 15, we published a QuickStudy outlining considerations for employers to contemplate as COVID-19 vaccines become available. Among other factors, we suggested employers determine whether to require vaccinations, and we addressed the legal parameters thereof. We also raised the points that not every employee will agree to be vaccinated, the available vaccines may not prove effective for for all employees, and there is no understanding yet of the length of time for which the vaccines will be effective. On December 16, 2020, ...