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A former podcast from Lockton’s ERISA Compliance Consulting team 

You’ve reached the home of ERISA is a Friend of Mine, an informal and informational podcast series that Lockton’s ERISA Compliance Consulting team produced from 2019 to 2022. Scroll down to view and listen to any of the podcast episodes. NOTE: These podcasts have not been updated since their publication dates.

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  2. Shields are down, Captain! The limits of ERISA preemption

Shields are down, Captain! The limits of ERISA preemption

Mar 8, 2021

Employer group health plan sponsors are already choking on skyrocketing prescription drug costs, and now states are adding insult to injury. But wait, doesn’t ERISA’s thick shield of preemption deflect state laws that directly or even indirectly affect ERISA plans? What happens when states boldly go to bat for retail pharmacies … and the resulting laws throw gasoline on group plans’ already burning prescription drug spend? Ed and Scott welcome Sarah Martin back to the show to discuss a recent Supreme Court ruling and scary legislation pending in other states.

  • If Sarah Martin is the show’s favorite prescription drug consultant, does the show have a favorite contraband drug expert? (Hint: Her name might be Lisa.)
  • What is ERISA’s “deflector shield,” how does it work, and what state laws blast through it like a photon mega-torpedo?
  • How do group plans’ pharmacy benefit managers reimburse retail pharmacies, and why are states looking to crash that party?
  • What are NADAC and AWP, and how in the name of outer space did Scott confuse NADAC and NASA?
  • Can states protect retail pharmacies, even if the result is to cost ERISA plans “billions and billions” of dollars?