Linda Clark, leader of Barclay Damon’s Health Care Controversies Team, was interviewed for the Law360 article “High Court PBM Case Could Be Turning Point in 20-Year Fight,” about recent US Supreme Court arguments over Arkansas’s attempt to regulate how much pharmacy benefit managers (PBMs) reimburse pharmacies for drugs on insurers’ behalf. The article said:
“PBMs are not only managing benefits for their clients—they're actively competing in the networks they manage,” said Linda Clark, a partner at Barclay Damon LLP. “That's the fundamental optical conflict of interest that's in play. And as a result, many states have attempted to even the playing field.”
“The decision in this case is really going to define the scope of permissible state regulation of pharmacy benefit manager practices. It’s going to define the contours of what states can and can't do,” Clark said. “And there could be a lot of nuances in the decision that could affect the impact on state legislation. That's why everybody's watching it so carefully.”