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State PBM regulation hits a SCOTUS roadblock
State PBM regulation hits a SCOTUS roadblock

Politico

time01-07-2025

  • Business
  • Politico

State PBM regulation hits a SCOTUS roadblock

Programming note: We'll be off this Friday but will be back in your inboxes next Monday. Driving the Day STATES DEALT A PBM BLOW — The Supreme Court declined Monday to consider an appellate court's 2023 decision overturning portions of an Oklahoma law regulating pharmacy benefit managers, raising questions about the implications for state actions to rein in the companies' business practices. The 10th Circuit appeals court ruled that federal laws regulating private employer-sponsored health plans and Medicare's drug benefit preempt the 2019 state law's provisions that aimed to bolster independent pharmacies' bargaining power with PBMs, which help negotiate retail drug prices between drugmakers and payers. Community pharmacies have long panned the middlemen — which are responsible for 80 percent of the market — for steering customers toward pharmacy chains they own. Nearly three dozen states and Washington, D.C., plus several pharmacy organizations, joined the case as 'friends of the court' on the side of Oklahoma, illustrating state-level interest in overseeing how PBM practices affect where patients pick up their prescriptions. Several states have considered PBM bills in recent years as congressional efforts to police the industry have floundered. Reaction: 'We are disappointed, but hopeful that the Court will take up this issue in the near future and clarify that States can indeed regulate PBMs in the way envisioned by Oklahoma's laws in question,' Leslie Berger, a spokesperson for Oklahoma Attorney General Gentner Drummond, said in a statement. B. Douglas Hoey, CEO of the National Community Pharmacists Association, said the group is 'very disappointed' the Supreme Court didn't act to 'reinforce' a unanimous 2020 decision upholding Arkansas' regulation of PBM reimbursement practices — a ruling widely seen as giving states more leeway to act amid Congress' silence. 'Now the lower courts are divided, and the states are confused about what they can do to protect patients and small-business pharmacies from the unfair, anticompetitive practices of the PBMs, higher drug costs and from PBMs overruling doctors' prescribing decisions,' he said. PBMs celebrate: The PBMs' lobbying group, which challenged Oklahoma's law, applauded the high court's denial of Mulready v. Pharmaceutical Care Management Association and suggested it portends a similar fate for similar laws in other states. 'In recent months, various businesses and unions have joined to challenge state restrictions on health benefit in Iowa, Minnesota, Arkansas, and Tennessee,' PCMA general counsel Jack Linehan said in a statement. 'These cases and the Mulready decision send a powerful reminder that overbroad state laws are not only illegal, but they boost healthcare costs for businesses and their workers.' NCPA said the 10th Circuit's decision likely stands for now, but only for the six states covered by that court. 'States contemplating PBM reform should not be dissuaded,' it said. PBMs have taken Arkansas back to court — this time over a new law that would prevent them from owning pharmacies like CVS in the state. IT'S TUESDAY. WELCOME BACK TO PRESCRIPTION PULSE. No more excess humidity in D.C. would be great. Send tips to David Lim (dlim@ @davidalim or davidalim.49 on Signal) and Lauren Gardner (lgardner@ @Gardner_LM or gardnerlm.01 on Signal). In the courts MORE DENIALS — Federal courts have rebuffed two attempts by anti-vaccine activists to challenge past losses. The Supreme Court also denied on Monday a bid by Children's Health Defense — the group founded by Health Secretary Robert F. Kennedy Jr. — to have its censorship case against social media giant Meta heard. The group alleged that the owner of Facebook and Instagram colluded with the federal government to deplatform its content. And the U.S. Court of Federal Claims denied CHD attorney Rolf Hazlehurst's motion to reopen his son's case claiming that childhood vaccines caused his autism. Judge Edward H. Meyers signed the order Thursday, according to the court docket, but the document is not yet public due to court rules that embargo the release of decisions until parties decide whether to request the redaction of any medical or otherwise private information. Mary Holland, CHD's president and CEO, said the group is disappointed by both decisions. 'It is our understanding that Mr. Hazlehurst is already evaluating the next steps,' she said in a statement. Separately, she said 'the problem' the organization presented in its Meta case 'has lessened' — seemingly a nod to Kennedy's ascension to power within the federal government. 'The censorship-industrial complex agreements of the past seem to have gone by the wayside, at least for now, and for that I am grateful,' she said. In Congress A BBB ORPHAN DRUG WIN? Drugmakers notched a win in the GOP megabill Monday, David writes. Senate Parliamentarian Elizabeth MacDonough allowed an expansion of Medicare's drug-price negotiation exemption for orphan drugs to include medicines that treat multiple rare diseases to remain in the package. She initially ruled that it violated the so-called Byrd rule — which limits what can pass with a simple majority during the reconciliation process — over the weekend. The decision means the policy remains in the underlying GOP reconciliation package being debated by the Senate. Pharma Moves Parexel, a clinical trial consulting company, has hired two FDA alums — Dr. Lola Fashoyin-Aje as senior vice president and head of regulatory oncology, cell and gene therapies and Tala Fakhouri as vice president of consulting for artificial intelligence and digital policy. Fashoyin-Aje was director of the Office of Clinical Evaluation within the FDA's Center for Biologics Evaluation and Research, while Fakhouri was associate director for data science and AI in the Office of Medical Policy at the FDA's Center for Drug Evaluation and Research. Anindita 'Annie' Saha will take on the lead AI policy role at the FDA's drug division, according to an internal email reviewed by POLITICO. Saha is a 20-year agency veteran who will also keep her role as associate director for strategic initiatives at the Digital Health Center of Excellence within the FDA's device center. Saha replaces Fakhouri. Shara Selonick has joined the Senior Care Pharmacy Coalition, which advocates for long-term care pharmacies, as vice president of strategy and government affairs. She most recently was a public health adviser at the FDA. Document Drawer The Government Accountability Office published a report on its forum on 'reducing spending and enhancing value in the U.S. health care system. AbbVie is scheduled to meet with the White House Office of Information and Regulatory Affairs on Tuesday to discuss the Health Resources and Services Administration's 340B rebate guidance. AHIP is scheduled to meet with OIRA on Wednesday to discuss the policy. WHAT WE'RE READING The Supreme Court's decision upholding the Affordable Care Act's coverage mandate for preventive services may now shift the legal landscape toward defining what constitutes 'evidence' underpinning federal recommendations, Lauren writes. Kennedy's influence over federal health regulation under a Republican president is being seen in a once-unlikely area — psychedelics as sanctioned mental health treatments, POLITICO's Erin Schumaker reports. A federal judge ruled last week that the Health Resources and Services Administration didn't violate the law by requiring Johnson & Johnson to get its approval before changing how it reimburses providers participating in a drug discount program, Stat's Ed Silverman writes.

Oklahoma Watch uncovers why homeowners' insurance rates are so high, commissioner responds
Oklahoma Watch uncovers why homeowners' insurance rates are so high, commissioner responds

Yahoo

time21-05-2025

  • Business
  • Yahoo

Oklahoma Watch uncovers why homeowners' insurance rates are so high, commissioner responds

OKLAHOMA CITY (KFOR) — Sky-high insurance rates affect nearly every homeowner in Oklahoma. We've all heard the excuse that it's because of the hail, but Oklahoma Watch decided to look beyond that and discovered it may not be the case. 'It turns out that both Texas and Kansas have historically more hail than we do. Yet their insurance rates are lower than ours,' said JC Hallman, reporter for Oklahoma Watch. A report from the National Weather Service from 2020 to 2024 shows Oklahoma had an average of 16.6 days of 2 inch hail. While Texas had more than double at 37.8 days. Kansas had 21.4 days and Nebraska had 22.6 days. Those numbers are what made Hallman start asking what's really driving up Oklahoma's insurance costs. 'It's a quirk in Oklahoma law,' said Hallman. The Oklahoma Insurance Department (OID) will regulate rates if they go too low, but won't step in if they go up, assuming the free market will bring costs down. State Auditor releases initial report on Department of Mental Health 'Oklahomans wind up paying a lot more than they maybe need to and it allows the insurance companies to cover up losses in other states by charging Oklahomans more money,' said Hallman. The OID is led by Glen Mulready. 'Glen Mulready actually has the power based on the law as it is that he could step in and simply decide that we do not have a competitive market and once he says we have a non competitive market, then he could just lower rates,' said Hallman. News 4 asked Mulready if he has considered taking action. 'It all comes down to, do we have a competitive marketplace? And yes, we're getting complaints because premiums are up and people don't like that and I get that, but we have a very competitive marketplace,' said Hallman. Oklahoma Watch reported that there was one instance a commissioner stepped in to lower rates with earthquake insurance. 'Now there were two companies writing earthquake coverage, so it was determined that is not a competitive market,' said Mulready. Records show that the insurance industry was Mulready's top donor in thirteen out of fifteen years. Business owners concerned about NW OKC road construction 'There's zero connection with that because there's nothing that can be done. We don't approve rates, I could see that if we approve rates and somehow I was doing a favor for a certain insurance company, but that doesn't take place because it can't take place,' said Mulready. Mulready also told News 4 he never said it was just hail driving up the cost of insurance. 'Rates are up because of claims and inflation. You know, if a roof costs more to replace today than it did yesterday, your insurance premiums are going to reflect that because that's a direct connection to actual costs,' said Mulready. News 4 asked if he's working with lawmakers to do something about the high prices. 'We are looking for solutions, there's no silver bullet,' said Mulready. Last year the legislature passed the Strengthen Oklahoma Homes Act, which just launched in March. Homeowners can apply for grants to use to fortify their homes, which can lead to lower premiums. While Mulready believes Oklahoma has a competitive market, Hallman encourages you to share your concerns with the OID and push for change. To read JC Hallman's full story, click here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Woman (32) ordered to stay out of all Tesco and Dunnes Stores premises in Louth
Woman (32) ordered to stay out of all Tesco and Dunnes Stores premises in Louth

Irish Independent

time10-05-2025

  • Irish Independent

Woman (32) ordered to stay out of all Tesco and Dunnes Stores premises in Louth

A Garda gave evidence of arresting Shanice Mulready (32), Oldbridge, Toberona, Dundalk, on May 6 last at Oldbridge. He later charged her at 5.37pm at Drogheda Garda Station and said that she made no reply after caution. She is accused of theft of various items ranging in value from €32.50 to €268.84 over a period from June 24, 2024 to April 30 last, at Dunnes Stores, Ard Easmuinn; McCreesh's, Avenue Road; Mr Price, Rampart Road; Tesco Extra; St Joseph's Redemptorist Church and Tesco, Longwalk Shopping Centre in Dundalk and at Centra, Ballsgrove and John's Centra, Platin Road in Drogheda. Ms Mulready, is further charged with burglary at John's Centra, Platin Road, on June 24, 2024. Gardaí objected to bail under O'Callaghan Rules. Solicitor Fergal Boyle said that his client had instructed to plead guilty. She was seeking bail. Judge Nicola Andrews granted the defendant bail in her own bond of €300. She must sign on twice daily at Dundalk Garda Station, observe a 10pm to 7am curfew, be contactable by mobile phone and stay out of all Tesco and Dunnes Stores premises in Co. Louth, as well as Centra, Ballsgrove and John's Centra, Platin Road. Ms Mulready was remanded on those terms to June 4 for a community service assessment. Legal aid was granted.

Homeowners devastated after major insurers hike rates due to weather changes: 'A lot of people are denied coverage'
Homeowners devastated after major insurers hike rates due to weather changes: 'A lot of people are denied coverage'

Yahoo

time01-05-2025

  • Business
  • Yahoo

Homeowners devastated after major insurers hike rates due to weather changes: 'A lot of people are denied coverage'

Oklahoma homeowners have been hit with higher insurance rates as the combination of more severe storms and inflation takes its toll. KOCO 5 News reported that severe storms producing tornadoes and hail have increased in the past few years, leading to more damage and surging home insurance rates. Oklahoma Insurance Commissioner Glen Mulready explained that costs for a new roof rose by 30% over 18 months due to the intense storms. He said that the top 20 home insurance companies "paid out about $105 for every $100 they took in" for hail, wind, and tornado damage by the end of 2023. While the recently passed Strengthen Oklahoma Homes Act — which provides grants to homeowners to reinforce their homes against strong windstorms — is designed to lower insurance costs, KOCO 5 News noted that some insurance companies have already requested premium increases. That means homeowners could face rate increases even if they haven't experienced storm damage. Mulready said rates are increasing by about 10% on average, which isn't a huge jump. However, Bryce Johnson, an attorney from Johnson and Biscone Law Firm, said that insurance providers may deny coverage if they are unwilling to take on the risk. "A lot of people are denied coverage, where the insurance company comes in and tries to say the loss is not related to the recent storm," Johnson said, per KOCO 5 News. "They can't drop a homeowner after the claim is made, but they can certainly drop a homeowner before they have any damage to their home. Unfortunately, insurance companies in Oklahoma have been known to do that." Mulready explained that impact-resistant shingles and tougher roofs could make a difference in terms of storm damage, but they won't protect homeowners from higher insurance rates or a lack of coverage. Soaring insurance rates make it harder for families to afford other necessities, and potential buyers may find it more challenging to buy a home. Not having insurance leaves homeowners vulnerable to storm damage and puts the burden of repairs entirely on their shoulders. Higher insurance rates lead to market instability as homeowners struggle to afford payments in high-risk areas. A major factor behind increasingly volatile insurance rates is the warming climate fueled by the burning of dirty energy sources, which leads to more extreme weather and costlier storm damage. Skyrocketing insurance rates affect homeowners nationwide, including those in weather-battered states such as Florida, Louisiana, and California. Several insurers have dropped policies in Texas and Florida, signaling a worrying trend, as these states are among the hardest hit by hurricanes and floods. Do you think your city has good air quality? Definitely Somewhat Depends on the time of year Not at all Click your choice to see results and speak your mind. In California, lawmakers have issued a mandate requiring insurers to increase coverage in wildfire-prone areas, and Massachusetts legislators are expanding flood insurance coverage to protect homeowners from rising sea levels. Since the insurance crisis is mainly caused by excess planet-warming pollution in the atmosphere, you can help by upgrading to energy-efficient appliances or installing solar panels, which reduce reliance on the electric grid that is powered mostly by dirty fuels. As more people switch to clean energy, the climate will become more stable, which will help make insurance affordable again. You can also check with your state to see if it offers grants to fortify your home against storms. Oklahoma, Alabama, Florida, and Louisiana are several states that provide grants for wind-resistant roofs. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.

Covid made me commit crime, claims drug dealer spared deportation
Covid made me commit crime, claims drug dealer spared deportation

Telegraph

time09-04-2025

  • Politics
  • Telegraph

Covid made me commit crime, claims drug dealer spared deportation

A convicted cannabis dealer has been spared deportation after claiming that he only committed the crime because he ran out of money during the Covid pandemic. Greek migrant Sali Dragodi, 26, has been allowed to stay in the country after a 'generous' judge ruled that his removal would breach his human rights despite objections from the Home Office. The Home Office sought to return him to his native Greece after he was jailed for more than a year for possessing cannabis with intent to supply. But first-tier tribunal Judge Mary Mulready believed he was at a 'very low risk of reoffending'. His lawyer argued he was 'someone who had done something stupid once and was unlikely to commit an offence again'. After she allowed his human rights claim, the Government appealed the decision, arguing that 'due weight' had not been given to the public interest in deporting foreign national offenders. But this has now been rejected after another judge found no 'error of law' in the original decision. The case, disclosed in court papers, is the latest example exposed by The Telegraph where failed asylum seekers or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of their human rights. There are a record 41,987 outstanding immigration appeals, largely on human rights grounds, which threaten to hamper Labour's efforts to fast-track removal of illegal migrants. Dragodi was granted limited leave to remain in accordance with the EU Settlement Scheme in August 2020, a tribunal was told. He was later convicted of possessing cannabis with intent to supply, for which he was sentenced to one year, one month and 21 days imprisonment. The tribunal heard: '[Dragodi]'s evidence before the [first tier tribunal] and accepted by it was that the circumstances of the offence were exceptional, coming in the context of financial difficulties arising out of the circumstances of the pandemic. '[Dragodi] was at that time living in a single room paid for by the man he committed the offence with, who was more seriously involved.' Judge Mulready ruled in his favour in June 2023, meaning he was allowed to stay in Britain. However, the Home Office questioned why the drug dealer had been assessed as at a 'very low' risk of reoffending. The Home Office said there had been no 'proper recognition' by the judge of the 'nature of the offence, or expression of public revulsion or deterrence'. Dragodi had not 'provided any evidence of rehabilitation' with no 'guarantee' he might not reoffend. There was no reason he could not return to Greece 'given his youth, his health and his skills'. However, Dragodi's representative told the tribunal: 'This was not a career criminal but someone who had done something stupid once and was unlikely to commit an offence again.' Deputy tribunal Judge Greg Ó Ceallaigh – who sat with upper tribunal Judge Daniel Sheridan – found that Judge Mulready was entitled to come to the conclusion that she did. 'In our view the grounds of appeal do not identify any error of law,' he said. 'The tribunal quite clearly took account of all relevant matters.' The judge added: 'While the [first-tier tribunal]'s assessment may have been at the more generous end of the spectrum, it is one that she was entitled to reach.'

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