Attorney General Miyares Urges SCOTUS to Rule On States’ Authority to Regulate PBMs

RICHMOND, Va. – Attorney General Jason Miyares today joined a bipartisan 32-state coalition requesting that the United States Supreme Court review a decision limiting Oklahoma’s authority to regulate abusive pharmacy benefit managers (PBMs). 

In an amicus brief, Attorney General Miyares and the coalition ask the Court to grant Oklahoma’s request to review a decision from the U.S. Court of Appeals for the Tenth Circuit, which held that federal laws preempt Oklahoma laws that regulate PBMs.

As Attorney General Miyares and the coalition write in their amicus brief to the Supreme Court, “states have a compelling interest in preserving their traditional authority to protect their residents’ access to healthcare and to regulate business practices in their states. To advance these interests, all states regulate [PBMs] to some degree.” The broad approach of the Tenth Circuit to federal preemption, however, would “severely and unduly impede states’ abilities to protect their residents and regulate businesses.”

“PBMs have long operated as middlemen in the prescription pharmaceutical industry, profiting from fees and reimbursement disparities. Their self-serving protections stifle competition, obscure transparency, and restrict access to potentially life-saving medications. PBMs have not served the best interests of consumers, and it is essential the Court affirms that all States can regulate PBMs,” said Attorney General Miyares. 

PBMs have been largely unregulated for decades. In the absence of federal regulation, States like Virginia have stepped up to protect consumers and pharmacies, but have continued to face challenges from the PBM industry. Earlier this year, 39 attorneys general, including Attorney General Miyares, urged Congress to take further actions to regulate PBMs at the federal level.

Joining Attorney General Miyares in this bipartisan brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, and Washington. 

Read the brief here.

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