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Shields are down, Captain! The limits of ERISA preemption

Shields are down, Captain! The limits of ERISA preemption

Released Monday, 8th March 2021
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Shields are down, Captain! The limits of ERISA preemption

Shields are down, Captain! The limits of ERISA preemption

Shields are down, Captain! The limits of ERISA preemption

Shields are down, Captain! The limits of ERISA preemption

Monday, 8th March 2021
Good episode? Give it some love!
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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?
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