Federal Preemption of State Health Care Laws

AHLA's Speaking of Health Law

Andrew London, Partner, Foley Hoag LLP, and Peter Fjelstad, Assistant Vice President, State Regulatory and Legal Affairs, Pharmaceutical Care Management Association, discuss the evolution of federal preemption of state health care laws, mainly pertaining to ERISA and Medicare, and the corresponding increase in state efforts to regulate the structure of health care benefits. They cover the 2020 Rutledge case, trends pertaining to state regulation of pharmacy benefit managers and Medicare Part C and D, issues related to conflicting state regulations, the impact of the fall of the Chevron doctrine, recent case law, the limits of federal-state partnerships, and how preemption will continue to evolve. Andrew and Peter spoke about this topic at AHLA’s 2024 Health Plan Law and Compliance Institute in Chicago, IL.

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