RICHMOND, Va. – Attorney General Jason Miyares today joined a bipartisan 32-state coalition requesting that the United States Supreme Court review a decision limiting Oklahoma’s authority to regulate pharmacy benefit managers (PBMs). In an amicus brief, Attorney General Miyares and the coalition ask the Court to grant Oklahoma’s request to review a decision from the U.S. Court of Appeals for the Tenth Circuit, which held that federal laws preempt Oklahoma laws regulating PBMs.
As Attorney General Miyares and the coalition write in their amicus brief to the Supreme Court, “states have a compelling interest in preserving their traditional authority to protect their residents’ access to healthcare and to regulate business practices in their states. To advance these interests, all states regulate [PBMs] to some degree.” The broad approach of the Tenth Circuit to federal preemption, however, would “severely and unduly impede states’ abilities to protect their residents and regulate businesses.”
PBMs have been largely unregulated for decades. In the absence of federal regulation, states like Virginia have stepped up to protect consumers and pharmacies but have continued to face challenges from the PBM industry. Earlier this year, 39 attorneys general, including Attorney General Miyares, urged Congress to take further actions to regulate PBMs at the federal level.
Joining Attorney General Miyares in this bipartisan brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi Nebraska Nevada New Hampshire New Jersey New York North Carolina Ohio Oregon Pennsylvania Rhode Island South Dakota Texas Utah and Washington.
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