Every year, more states regulate PBMs. Even Maine, which repealed a
sweeping PBM law in a party-line vote in 2011, continues to address concerns
that PBMs can be unfair and coercive, see LD 44,
recently reported out of committee unanimously in amended form. Other states
enacting or considering PBM legislation, in addition to the Maryland specialty
drug bill discussed above, include Oklahoma, Oregon, North
Dakota, California, and New York. The New York bill is
particularly of interest because it establishes a fiduciary duty on the part of
the PBM, which was a central component of the repealed Maine law. Though
challenged by the PBM industry in the courts, the fiduciary responsibility
established in Maine law was upheld by the federal courts with the US Supreme
Court refusing review.
