OKLAHOMA CITY (Legal Newsline) — A national pharmaceutical trade association that represents pharmacy benefit managers alleges Oklahoma's Patient's Right to Pharmacy Act as well as other state laws are preempted by federal laws.
Pharmaceutical Care Management Association filed a complaint Oct. 25 in the U.S. District Court for the Western District of Oklahoma against Insurance Commissioner of Oklahoma Glen Mulready and the Oklahoma Insurance Department.
In its complaint, the plaintiff claims that Oklahoma's Patient's Right to Pharmacy Act and its specialty drugs rule, promotional material rule and contract approval rule are preempted by the Employee Retirement Income Security Act (ERISA) and the Medicare Prescription Drug Improvement and Modernization Act (MMA). It argues the "Act prevents beneficiaries in Oklahoma – workers, their families and seniors - from accessing the full extent of their pharmaceutical benefit plans."
"The act impermissibly imposes requirements on central matters of plan management, interferes with the national uniformity of benefits, and acts with respect to Medicare Part D plans," the suit states.
The plaintiff seeks to have the Act and rules declared preempted by federal law and seek injunctive relief enjoining any action to enforce the act. It is represented by Joe Edwards of The Crowe & Dunlevy Law Firm in Oklahoma City and Dean Richlin, Kristyn DeFilipp, Andrew London and Stephen Stich of The Foley Hoag Law Firm LLP in Boston.
U.S. District Court for the Western District of Oklahoma case number 5:19-cv-00977-SLP