- A bipartisan bill introduced in December 2025 would amend ERISA to treat pharmacy benefit managers (PBMs) as fiduciaries when providing services to employer-sponsored group health plans.
- If enacted, the legislation would impose fiduciary duties, require detailed compensation disclosures, and restrict contractual indemnification provisions that shift fiduciary risk to plans.
- Employers may gain increased transparency
Health Plan Hygiene Part 4 – Show Me the Money
Our “health plan hygiene” series has focused on steps that fiduciaries of employer-sponsored group health plans can take to ensure they meet their fiduciary responsibilities. This issue has been brought to the forefront recently due to a wave of class action lawsuits that have been brought against group health plan fiduciaries. In our last post…
U.S. Supreme Court: State Law Regulating Pharmacy Benefit Managers is Not Preempted by ERISA
By Lindsey H. Chopin & Stacey C.S. Cerrone on
Posted in Affordable Care Act, Certiorari, ERISA, ERISA Preemption, PBM, pharmacy benefit Manager, Supreme Court, TPA
An Arkansas law regulating pharmacy benefit managers’ (PBMs) generic drug reimbursement rates, and affecting the cost of prescription drugs provided under ERISA-governed benefit plans and the administration of those plans, is not preempted by ERISA, the U.S. Supreme Court has held unanimously. Rutledge v. Pharmaceutical Care Management Association, No. 18-540, 2020 U.S. LEXIS 5988…
U.S. Supreme Court to Hear the First of Several ERISA Disputes This Term
By Lindsey H. Chopin & Stacey C.S. Cerrone on
Posted in Affordable Care Act, Certiorari, ERISA, PBM, Peemption, pharmacy benefit Manager, Supreme Court, TPA
The Supreme Court, whose new term begins today, the first Monday in October, will consider a number of cases impacting employee benefits and benefits litigation. This is the first in a series analyzing these cases as they are heard by the Court. The first issue up concerns prescription drug benefit regulation, and later in the…