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Pharmaceutical Care Management Association v. Rowe

429 F.3d 294 (2005)

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Pharmaceutical Care Management Association v. Rowe

United States Court of Appeals for the First Circuit
429 F.3d 294 (2005)

MP

Facts

To give Maine health-benefit providers more information to know whether their Pharmacy Benefit Mangers (PBMs) were acting against their interests and to help control costs and provide access to prescription drugs, the Maine legislature enacted the Unfair Prescription Drug Practices Act (UPDPA). The UPDPA imposed numerous requirements on PBMs entering contracts in Maine with certain entities that required the PBMs to act as fiduciaries for their clients and carry out certain duties like disgorging profits from self-dealing and disclosing conflicts of interest and financial arrangements with third parties. Pharmaceutical Care Management Association (PCMA) (plaintiff), a trade association for PBMs, challenged the UPDPA on several grounds in a suit against the Maine Attorney General, G. Steven Rowe (defendant). PCMA alleged the UPDPA infringed on free speech and violated Dormant Commerce Clause principles. The district court granted summary judgment for Rowe, and PCMA appealed.

Rule of Law

Issue

Holding and Reasoning (Torruella, J.)

Concurrence (Boudin, C.J.)

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Healthcare Law

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