The U.S. Supreme Court declined to review a 2023 ruling by the 10th U.S. Circuit Court of Appeals striking down provisions of an Oklahoma law regulating pharmacy benefit managers, The Journal Record reported June 30.
The high court’s denial lets stand the appellate court’s ruling, which found four provisions of the law to be preempted by federal statutes. Oklahoma’s House Bill 2632 aimed to ensure access to pharmacy providers and support small, independent pharmacies competing with larger PBMs, like CVS Caremark and OptumRx.
The Pharmaceutical Care Management Association, a PBM trade group, sued the state in 2019 challenging the law. After a U.S. District Court largely upheld the statute, the group appealed to the 10th Circuit.
The Supreme Court’s decision follows a June recommendation by the U.S. Solicitor General advising the justices to not take up the case.
