Navigation Links
PCMA: Court of Appeals Upholds Challenge to D.C.'s PBM Fiduciary-Disclosure Law

WASHINGTON , April 18 /PRNewswire-USNewswire/ -- The Federal Court of Appeals for the District of Columbia, in a unanimous 3-judge decision, today issued an opinion supporting the position of the Pharmaceutical Care Management Association (PCMA) and holding that it is entitled to renew its constitutional challenge to the fiduciary-disclosure provisions of the District of Columbia's AccessRx Act of 2004.

Last year, a lower court vacated PCMA's original preliminary injunction that had prevented the D.C. law from going into effect. Relying on the doctrine of collateral estoppel, the lower court determined that PCMA was prevented from challenging the law because a similar Maine law had been upheld by the First Circuit Court of Appeals in PCMA v. Rowe.

However, in today's opinion, the D.C. Circuit found that collateral estoppel was not applicable, and could not be used to keep PCMA from having its day in court. The Appeals Court now holds that any such preclusion "would freeze the development of the law in an area of substantial public interest." The case now returns to the lower court for consideration on the merits, including PCMA's contention that the D.C. law conflicts with federal benefits law (ERISA) as well as the First Amendment to the U.S. Constitution.

"We're pleased that the Court has chosen to allow PCMA to pursue this challenge," said PCMA President and CEO Mark Merritt. "PCMA has always maintained that the D.C. law is misguided and would only increase prescription drug costs for District residents and employers."

Since 2003, 31 states have rejected legislation imposing similar PBM fiduciary-disclosure requirements, realizing these proposals would provide drug manufacturers the opportunity to charge consumers and employers higher drug prices. For these reasons, a broad coalition of consumers, Fortune 500 employers, labor unions, health insurers, and others have worked together to defeat these proposals in states across the country. Furthermore, numerous independent data from the Congressional Budget Office, the Federal Trade Commission, and others have concluded that public disclosure of drug pricing information alone could increase prescription drug costs by about 10 percent.

PCMA is the national association representing America's pharmacy benefit managers (PBMs), which administer prescription drug plans for more than 210 million Americans with health coverage provided through Fortune 500 employers, health insurance plans, labor unions, and Medicare Part D.

SOURCE Pharmaceutical Care Management Association
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. PCMA: CMS Releases Proposed E-Prescribing Standards in Medicare
2. PCMA: New Study on Independent Pharmacy Reimbursements Will Raise Eyebrows on Capitol Hill
3. PCMA: New CBO Analysis Confirms Independent Pharmacy Collective Bargaining Legislation Increases Costs for Consumers and Payors
4. PCMA: 2008 Health Debate Highlights Workable Solutions Like E-Prescribing
5. PCMA: Independent Drugstore Lobbys Prompt Pay Agenda Could Cost Medicare $3.3 Billion Over the Next Decade
6. PCMA: Protect Your Pharmacy Week Should Focus on Safeguarding Part D Anti-Fraud Tools
7. PCMA: Skyrocketing Biotech Prices Challenge Employers, Consumers
8. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
9. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
10. First Circuit Court of Appeals Rules Against Philip Morris in Lights Class Action
11. Wyeth and Nycomed Announce Court Denial of Preliminary Injunction
Post Your Comments:
(Date:11/24/2015)... ... 24, 2015 , ... In response to recent news highlighting Oxycodone fraud, Novus ... in the United States grew 400 percent between 1999 and 2010, far more than ... 37 percent of all fatal drug overdoses. (1) , While oxycodone and the extended ...
(Date:11/24/2015)... (PRWEB) , ... November 24, 2015 , ... Serenity Point ... a series of recent video interviews with some of the staff members at their ... the residential treatment facility, as well as some of the things that make their ...
(Date:11/24/2015)... ... 2015 , ... Chiropractic student Katie Benson received a $2,500 ... Park, Kansas. Benson, a fifth-trimester student in the university’s College of Chiropractic, accepted ... 16. , “Katie is very excited and greatly appreciative to receive the Standard ...
(Date:11/24/2015)... ... November 24, 2015 , ... Autism Speaks, the world’s leading autism science and ... media and the generosity of people around the world. On December 1, supporters can ... give – and share the personal stories behind those gifts. , Just as ...
(Date:11/24/2015)... ... November 24, 2015 , ... World ... Fragrance by Marcelle, a cosmetic invention which offers a combination of natural essential ... in the US is worth $3 billion annually," says Scott Cooper, CEO and ...
Breaking Medicine News(10 mins):
(Date:11/24/2015)... The hope of bearing a ... IVF cycles. After failure of over 15 IVF cycles, ... all hopes that she would be able to conceive ever. But finally optimism prevailed as ... failure of over 15 IVF cycles. ... take one last attempt with Gaudium IVF Center in ...
(Date:11/24/2015)... CARLOS, Calif. , Nov. 24, 2015 ... a leader in non-invasive genetic testing and ... announced that it will present at the ... in New York on Wednesday, December 2, 2015 at 1:00 p.m. ET.  Matthew ... the Company,s financial results, business activities and ...
(Date:11/24/2015)... 2015 /PRNewswire/ - ESSA Pharma Inc. ("ESSA" or the ... that the first patient has been enrolled in ESSA,s ... for metastatic castration-resistant prostate cancer ("mCRPC"). ... --> the United States and ... clinical trial, ESSA intends to demonstrate the safety, tolerability, ...
Breaking Medicine Technology: