Accepted; forthcoming
The PBM Shield: ERISA Preemption and the Foreclosure of Pharmacy Competition
University of Maryland Journal of Health Care Law & Policy, Vol. 30
The article examines when ERISA preemption protects plan design and when state law instead regulates the commercial conduct of a PBM intermediary. It proposes a more precise analysis of pharmacy reimbursement, network design, patient steering, and state regulatory authority.
Citation, external link, and authorized manuscript access will be added when documented and available.