The Maryland Insurance Administration (MIA) has released its report on the impact of Rutledge v. PCMA and the subsequent Webhi decision on Maryland law and the MIA’s ability to regulate Pharmacy Benefits Managers (PBMs) and their relationship with pharmacies in Maryland. The report was mandated by the passage of HB 601 of 2021. It concluded that, should the legislature pass legislation regulating PBMs when providing services to an ERISA plan, ERISA would not preempt the MIA’s enforcement of those laws. The report also provides a summary of previously passed laws related to PBMs in Maryland and MIA’s current methods of enforcing them. The report cites comments from NACDS and the Maryland Association of Chain Drug Stores submitted last fall, which highlighted examples of pro-pharmacy laws that align with the Rutledge decision.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.