The National Community Pharmacists Association (NCPA) has expressed disappointment following the U.S. Supreme Court's decision not to review a case concerning pharmacy benefit manager (PBM) reform in Oklahoma. The statement was made by NCPA CEO B. Douglas Hoey.
"After the historic Rutledge v. PCMA unanimous Supreme Court decision in 2020, which allowed states to regulate PBMs, the big health insurance companies and their PBM lobby have been barnstorming the country putting up one legal challenge after another," said Hoey. "Now the lower courts are divided, and the states are confused about what they can do to protect patients and small-business pharmacies from the unfair, anticompetitive practices of the PBMs, higher drug costs, and from PBMs overruling doctors’ prescribing decisions. We are very disappointed that the U.S. Supreme Court did not take this opportunity to clarify the law and reinforce its own decision in the Rutledge case."
The case at hand is Mulready v. PCMA, originating in Oklahoma where PBM lobbyists sued state Insurance Commissioner Glen Mulready over a law regulating PBMs. Although a lower federal court upheld this law, it was overturned by the 10th Circuit Court of Appeals—a decision conflicting with previous rulings such as Rutledge.
Hoey emphasized that despite this setback, states considering PBM reform should refer to precedents like Rutledge and Wehbi from the 8th Circuit for guidance on regulatory measures against PBMs' practices.
The NCPA represents over 18,900 community pharmacies across America employing more than 205,000 individuals. Founded in 1898, it serves as an advocate for community pharmacists who are integral parts of local healthcare systems.
For further information about NCPA's initiatives and advocacy efforts, visit www.ncpa.org.
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