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North Dakota

(All States)

Pharmacy Laws & Regulations

North Dakota

Pharmacy Laws & Regulations

(All States)

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Meet the Hosts

Mark Hardy | Executive Director
1906 E Broadway Bismarck, ND 58501-1354

Meet the Hosts

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SIGNED INTO LAW
Bill in progress
nEWS UPDATE

North Dakota PBM Ruling Still Stands

North Dakota pharmacists are celebrating a PBM ruling that still stands strong. Originally known as PCMA v. Tufte, then PCMA v. Wilke, and finally, PCMA v. Wehbi, this lawsuit claimed that two federal laws, ERISA and Medicare Part D, prevented North Dakota from regulating PBMs. This case was the first to consider the scope of the U.S. Supreme Court's unanimous decision in Rutledge v. PCMA, which upheld an Arkansas state law regulating the abusive practices of PBMs. In the North Dakota case, Wehbi ultimately won, but PCMA had until July 11 to appeal the decision. PCMA failed to do so, so North Dakota can regulate PBMs as it sees fit. The PCMA v. Wehbi ruling is now the law of the land for states in the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota).

Source:  

NCPA

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SIGNED INTO LAW
Bill in progress
nEWS UPDATE

Federal Appeals Court Upholds PBM Law Challenged by PCMA

In 2017, North Dakota enacted two laws regulating PBMs and this prompted the Pharmaceutical Care Management Association (PCMA) to sue. PCMA sued to prohibit the enforcement of several provisions regulating PBMs in the state of North Dakota, claiming that they were preempted by ERISA and other acts. In 2020, the federal courts agreed. However, after the results of Rutledge v. PCMA, the 8th Circuit had to reconsider its ruling in North Dakota. After recent re-consideration, the federal appeals court has decided to now largely uphold the laws and agree with the need for stricter regulation of PBMs.

Source:  

Reuters

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SIGNED INTO LAW
Bill in progress
nEWS UPDATE

North Dakota to Begin Unlocking ‘Black Box’ on Prescription Drug Prices

North Dakota is opening the "black box" of prescription drug prices in order to make that information more transparent and accessible to the public. Starting August 1, drug manufacturers will be required to submit quarterly reports that reveal what drug companies pay for R&D, rebates, and others parts of the drug development and sales process. They also must disclose reimbursements paid to pharmacy benefit managers (PBMs).

Source:  

Editor99

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SIGNED INTO LAW
Bill in progress
nEWS UPDATE

Support for PBM Regulation Through New North Dakota Laws

A bipartisan coalition has been led in support of North Dakota laws that help regulate the detrimental practices of pharmacy benefit managers (PBMs). PCMA has sued North Dakota officials due to their moves to try and regulate PBM practices, but this coalition aims to help support the importance of these laws for ensuring fair business practices.

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Red Lake Nation News

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SIGNED INTO LAW
Bill in progress
nEWS UPDATE

Regulating Pharmacy Benefit Managers (PBMs) in North Dakota

HB 1492 has been enacted into law by Governor Burgum, extending new limitations on the actions of pharmacy benefit managers (PBMs). This Act prohibits a PBM from penalizing a pharmacy and holding them responsible for a fee related to any step, component, or mechanism related to the claims adjudication processing network.

Source:  

North Dakota Legislative Branch

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