Appellees, Amici Tell 10th Circuit Oklahoma Pharma Law Isn’t Preempted

Mealey's (October 20, 2022, 2:15 PM EDT) -- DENVER — Urging the 10th Circuit U.S. Court of Appeals to reject the appellant’s “broad preemption arguments,” Oklahoma insurance regulators asked for affirmance that neither the Employee Retirement Income Security Act nor Medicare Part D preempt challenged parts of an Oklahoma law intended to regulate pharmaceutical benefit managers (PBMs); numerous states and a group of trade associations argued similarly in two amicus curiae briefs, also contending that it’s important that states be able to regulate PBMs....