US Supreme Court allows Maine PBM rules

The US Supreme Court has, for the moment, refused to review an Appeal Court ruling into the constitutionality of a law from the US state of Maine that requires pharmacy benefit managers to disclose the discounts that they negotiate with drug companies. The decision, whilst disappointing to the Pharmaceutical Care Management Association, was described by the trade association as "an expected procedural move."

The PCMA believes that the law, passed in 2003, violates trade secrecy protections and is unconstitutional. The trade body also said that the Supreme Court could review the issues pertinent to the case within the next year, because of a similar law suit that is presently before the US District Court in Washington DC.

Among the provisions the PCMA is opposing, the Maine law requires PBMs to disclose the level of discounts that they receive from pharmaceutical firms to their clients, including members of the National Community Pharmacists Association, who welcome the Supreme Court's decision. Any discounts must also be passed on to pharmacies.