Michael Dowell Discusses State Regulatory Scrutiny of Pharmacy Benefit Managers
Hinshaw partner Michael Dowell recently authored a byline published by U.S. Pharmacist titled "State PBM Regulations Protecting Community Pharmacies." In the article, Dowell discusses state regulatory scrutiny of pharmacy benefit managers (PBMs), a legal challenge to that scrutiny on federal preemption grounds, and the general outlook for state regulation in the future.
Dowell outlines key provisions in various state PBM regulations, including the Oklahoma Patient’s Right to Pharmacy Choice Act. He anticipates that the regulatory landscape of PBMs will continue to change and notes that federal regulation of PBMs may occur in the near future. He advises that PBMs and multistate pharmacies operating in all states
should take notice of the recent legal developments and ensure that their operations and contracts are structured to comply with state PBM regulatory requirements. Community pharmacies should monitor changes in their state laws regulating PBMs and adopt their operational practices in a manner to optimize their statutory/regulatory rights.
"State PBM Regulations Protecting Community Pharmacies" was published by U.S. Pharmacist on August 16, 2022.