The Constitution and Supreme Court precedent make clear that protecting the health and well-being of citizens is properly in the hands of the state lawmakers. It is critical that states have the right to enact laws protecting both patients and providers from PBM abuse," Jonathan E. Levitt, Esq.
PINE BROOK, N.J. (PRWEB) March 09, 2020
On March 2, 2020 Frier Levitt, a national boutique healthcare law firm, filed an Amicus Curiae brief with the Supreme Court of the United States in the case Rutledge v. Pharmaceutical Care Management Association on behalf of the Community Oncology Alliance (COA) and several leading community oncology practices supporting state regulation of pharmacy benefit managers (PBMs) and advocating on behalf of cancer patients and oncologists throughout the United States.
The Amicus Curiae brief brings to the Supreme Court’s attention the unique perspective of community oncology practices, articulates the various ways that PBMs have interfered with optimal cancer care, and the importance of preserving the right of the states “to protect the health and well-being of their respective citizens.”
“The Constitution and Supreme Court precedent make clear that protecting the health and well-being of citizens is properly in the hands of the state lawmakers. It is critical that states have the right to enact laws protecting both patients and providers from PBM abuse,” said Jonathan E. Levitt, Esq., a founding partner of Frier Levitt. “I am honored to have worked alongside COA and these brave practices, to ensure that the interests of cancer patients and oncologists were heard by the Supreme Court at this critical moment.”
The Petitioner in this case is the Arkansas Attorney General, Leslie Rutledge and the Respondent is powerful PBM lobbying group Pharmaceutical Care Management Association (PCMA). The specific law at issue in Rutledge is Arkansas’s Act 900, which is a comprehensive piece of legislation enacted by Arkansas in 2015 to combat improper PBM practices, including “low-ball” reimbursement tactics. Once Arkansas passed Act 900, PCMA quickly sued the State of Arkansas arguing that the legislation was preempted by ERISA. After a series of appeals by the parties, the Supreme Court determined that it would hear the merits of the case, which provided the opportunity for community oncology practices to provide their unique and important perspective on the case by filing an Amicus Curiae brief.
The Amicus Curiae brief filed on behalf of COA and six other prominent community oncology practices discusses several important issues that are often overlooked in the ongoing battle between healthcare providers, including oncologists, and PBMs, such as the advent of oral cancer drugs combined with a highly consolidated PBM landscape. The brief notes that “the increased development, availability, and use of oral cancer drugs” has “catalyzed PBMs’ shifting of patients from Community Oncology Practices to PBM-owned mail order pharmacies.” The brief further notes that based on the development of oral cancer drugs “PBMs have aggressively entered the oral cancer drug ‘market’” to the detriment of patients throughout the country. The Rutledge case is scheduled for oral argument on April 27, 2020.
Read the Amicus Curiae brief filed by Frier Levitt on behalf of COA and community oncology practices at: https://bit.ly/2PSKDu2.
About Frier Levitt
Frier Levitt is a national boutique healthcare law firm located in Pine Brook, New Jersey. Our nearly 40 attorneys bring collective experience and backgrounds in pharmacy, hospital administration, professional licensing, Attorney General actions, clinical practice, and medical billing. We provide comprehensive legal services to healthcare providers, including physician groups, laboratories, surgery and imaging centers, Compounding and Specialty Pharmacies, Outsourcing Facilities, chemical manufacturers, repackagers, wholesalers, group purchasing organizations, buying groups, and other healthcare related businesses. Frier Levitt is uniquely positioned to serve as a guide to healthcare providers, offering a broad and deep understanding of federal and state healthcare laws and regulations and the industry as a whole. Learn more at: http://www.frierlevitt.com