BANGOR (AP) – A federal judge in Bangor on Wednesday upheld a magistrate’s recommendation to dismiss a lawsuit challenging the constitutionality of a Maine law that requires pharmacy benefit managers to disclose an array of financial information.
Judge D. Brock Hornby upheld the magistrate’s recommended decision in the state’s favor on all issues raised in a 2003 lawsuit by the Pharmaceutical Care Management Association, a trade group representing benefit managers, or PBMs.
The law, which had been on hold pending the outcome of the case, was viewed by supporters as a means to promote transparency by giving health plan clients access to information about discounts and drug switching programs.
An attorney for the pharmaceutical association said they planned to file an immediate appeal with the 1st Circuit Court in Boston.
“This is by no means the last word on the subject,” said Stephanie Kanwit.
The industry had argued that Maine’s Unfair Prescription Drug Practices Act was unconstitutional and could end up harming consumers because PBMs make use of confidential information to get drug companies to compete with each other by lowering their prices.
The lawsuit claimed that the law was pre-empted by federal law, would amount to a regulatory taking of trade secrets and revenues, and violates due process, freedom of speech and the Commerce Clause of the Constitution.
In her 50-page recommended decision in February, U.S. Magistrate Judge Kravchuk echoed the state’s concerns about lack of transparency by PBMs as they act as intermediaries between drug manufacturers and providers.
“Whether and how a PBM actually saves an individual benefits provider customer money with respect to the purchase of a particular prescription drug is largely a mystery to the benefits provider,” Kravchuk wrote.
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