Legal Center

The Supreme Court of the United States issued its landmark ruling in Rutledge v. Pharmaceutical Care Management Association (PCMA), determining whether community pharmacies are protected from abusive payment practices.
The unanimous (8 to 0) decision ruled in favor of the interests of patients and community pharmacies, who have been fighting for years to regulate pharmacy benefit managers (PBMs), the controversial middlemen that manage prescription drug benefits for health insurers, Medicare Part D drug plans, and large employers. With this ruling, states will have greater authority to protect their local businesses and their patients from PBM overreach.
"This is a historic victory for independent pharmacies and their patients. And it confirms the rights of states to enact reasonable regulations in the name of fair competition and public health," said National Community Pharmacists Association CEO B. Douglas Hoey, pharmacist, MBA.
"This is a great day for pharmacists and their patients," said Scott J. Knoer, executive vice president and CEO of the American Pharmacists Association. "For years, PBMs have threatened the sacrosanct relationship between pharmacists and their patients and have never been forced to answer to any authority for their actions. This opinion redresses that imbalance and returns the power to protect the interests of patients to the states and other local authorities, where it belongs."
"We're excited to see a unanimous decision from the Court on this case – it's truly a best case scenario for patients, pharmacists, and pharmacies," said Rebecca Snead, RPh, NASPA executive vice president and CEO. "Now, it's time to get to work to make sure states have appropriate PBM regulations in place, and continue to work with our members of Congress to do the same for the federal programs."
"Today, Arkansas pharmacists join their colleagues across the country to celebrate a triumphant victory years in the making," said Arkansas Pharmacists Association CEO John Vinson. "The Supreme Court's ruling means that states can finally protect our patients who receive their pharmacy benefits through their employers. This win should increase drug pricing transparency, increase pharmacy access for patients, improve freedom of choice, and improve the healthcare for our citizens both during and after the pandemic."
At issue was the extent to which the federal Employee Retirement Income Security Act of 1974 (ERISA), which regulates private employee benefit plans, preempts the states from regulating the amount that PBMs pay pharmacies to dispense prescription drugs that are covered by an employer-sponsored health plan.
NCPA will continue to monitor the case and provide updates here. There are other important cases working their way through the courts, and there will be lots more legislative activity in Congress and the states on which NCPA will be leading the fight. We need your help, so please consider making a donation to the NCPA Legislative/Legal Defense Fund.
Resources
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NCPA - Rutledge v. PCMA, No. 18-540 (U.S.): One Pager on Unanimous Decision Reversing Eighth Circuit
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NCPA - Rutledge v. PCMA, No. 18-540 (U.S.): One-Pager on Oral Argument
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NCPA's Oct. 5 Facebook Live previewing the oral arguments in Rutledge v. PCMA
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NCPA’s Sept. 29 webinar previewing the oral arguments in Rutledge v. PCMA

NCPA Press Releases
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NCPA: Pharmacy Groups React to Landmark Supreme Court Hearing
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NCPA: Community Pharmacists Respond to PCMA’s Amicus Brief on States' Authority to Regulate PBMs
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NCPA: Pharmacy Groups Unite to Fight PBMs in Landmark Supreme Court Case
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NCPA: Community Pharmacy Cheers SCOTUS Decision to Rule on States’ Authority to Regulate PBMs
In the News
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Talk Business & Politics: U.S. Supreme Court hearing state appeal on pharmacy benefit managers Tuesday
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KAIT TV: SCOTUS to hear Arkansas case regulating PBMs Oct. 6
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Drug Store News: Supreme Court to hear case on states' authority to regulate PBMs
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Pharmacy Times: Supreme Court to rule on States' right to regulate pharmacy benefit managers
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Arkansas Democrat Gazette: Justices get state case on druggist pay rules
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STAT News: Supreme Court will review an Arkansas governing pharmacy benefit managers
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The Motley Fool: Supreme Court to tackle PBM regulations and how much they can charge
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Healthcare Dive: Supreme Court to take on PBM rate regulation
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American Pharmacists Association: Big-time PBM scrutiny on the way as U.S. Supreme Court agrees to hear Arkansas case