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
- 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?