10/24/2022

AG Nessel Joins Bipartisan Coalition to Regulate Abusive Practices of Pharmacy Benefit Managers

Michigan Attorney General Dana Nessel joined a bipartisan coalition of 35 attorneys general from across the country in an amicus brief to the Tenth Circuit Court of Appeals supporting Oklahoma’s laws that regulate abusive behavior of pharmacy benefit managers (PBMs). Oklahoma’s laws regulating PBMs are similar to newly enacted laws in Michigan.   

AG Nessel and the bipartisan coalition seek to protect Michigan consumers by assuring that Michigan and all states can regulate PBMs. As the coalition writes in the amicus brief to the Tenth Circuit, “states have an interest in preserving states’ authority to regulate companies doing business in their states, protecting their residents’ access to healthcare, and curbing abusive business practices. To advance these interests, nearly all states regulate pharmacy benefit managers.” PCMA’s broad approach to federal preemption, however, would “severely impede states’ abilities to protect their residents and potentially upend licensing and regulatory structures in nearly every state.” 

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