Ken Paxton. Credit: Texas attorney general's office
Texas Attorney General Ken Paxton has explained why he thinks Texas can apply two new pharmacy benefit manager laws to PBMs working with self-insured health plans.
The federal Employee Retirement Income Security Act of 1974 normally cancels out, or "preempts," state laws that affect self-insured benefit plans. Congress included the ERISA preemption provision in an effort to hold down benefit plan sponsors' costs, by keeping states from imposing a "patchwork" of conflicting, potentially expensive requirements on the plans.
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