32 state AGs press Supreme Court for more regulatory power on PBMs

A bipartisan group of 32 attorneys general is urging the Supreme Court to grant them more regulatory power over pharmacy benefit managers. 

The coalition said it wants "to protect consumers by assuring that all states can regulate PBMs," according to a June 10 news release from the office of Minnesota Attorney General Keith Ellison. PBMs manage drug benefits between manufacturers and insurance companies, and the U.S. government has scrutinized the industry over alleged deceptive business practices. 

In an amicus brief to the Supreme Court, the attorneys general asked the justices to review a decision from the 10th U.S. Circuit Court of Appeals, which blocked Oklahoma laws that regulate PBMs. 

As of 2023, states have enacted more than 150 laws regulating PBMs, according to the amicus brief, which adds that the 10th Circuit's ruling "severely and unduly impede states' abilities to protect their residents and regulate businesses."

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