Yesterday, NCPA held a webinar for state associations addressing ERISA preemption landmines and how to avoid them in state legislation. This webinar is the first in additional resources that will be provided by NCPA, made possible by support from Compliant Pharmacy Alliance (CPA) to state associations for specific state legislative and regulatory initiatives aimed at PBM reform and changing the pharmacy payment model.
Rob Smith, a partner at Katten Muchin Rosenman LLP, and one of the nation's leading experts on the interplay between state and federal laws regarding PBMs, walked webinar attendees through the dynamic between state laws and ERISA, the federal law often used by the opposition (and often incorrectly) when attempting to nullify legislation reining in PBM bad practices. Smith offered practical advice to state associations on best practices for crafting legislation that can withstand legal scrutiny and enable states to rein in PBMs' abilities to short-change taxpayers, pharmacies, plans, and patients.
