Association Perspective
Scott J. Knoer, MS, PharmD, FASHP, APhA EVP and CEO
On October 6, after decades of pharmacy advocates fighting at the federal and state levels to better control drug pricing and protect the viability of community pharmacies, the Justices of the United States Supreme Court heard oral arguments in Rutledge v PCMA, which may finally determine whether states can control terrible PBM business practices. Finally, the most critical grievances of our profession have been heard in the highest court of the land. To hear the arguments and read a transcript, visit apha.us/RutledgeTranscript. To read a primer on the case, visit apha.us/RutledgePrimer.
As you know well, PBMs for too long have been unaccountable to anyone. We hope the arguments in Rutledge will mark the start of a new era in pharmacy.
We are proud to have cosponsored the amicus brief in this case, supporting our friends and colleagues at the Arkansas Pharmacists Association, the National Community Pharmacists Association, and the National Alliance of State Pharmacy Associations. And don’t forget that 45 state pharmacy associations signed on to the amicus brief, too. This was a true national effort.
I want to extend special thanks to our brothers and sisters in Arkansas, where this case originated—pharmacy patriots such as Arkansas Pharmacists Association CEO John Vinson, their President Kristen Riddle, and the many pharmacists and staff members in Arkansas who fought the good fight for so many years. I must also thank Leslie Rutledge, the Arkansas attorney general, whose office led this fight through the federal court system. There were many setbacks along the way, but they persevered in the knowledge that they were doing the right thing. They never quit!
So, what’s next? The arguments from our side were very strong. I was proud of Team Pharmacy. However, it’s hard to speculate with confidence what will happen. We don’t expect a decision from the Court until next year, possibly as late as June.
But we won’t stand still waiting for a decision—we can’t. There is legislation passed or pending to regulate PBMs across the country. APhA will continue to support state efforts, advocate for change, and educate everyone about what PBMs do. As we like to say, we’re in the business of calling balls and strikes—when someone does something good, we praise them. When they don’t, we call them on it. And we will.
The battle has only begun. I’m glad to have all of you at our side as we continue our fight to do the right thing for pharmacy, pharmacists, and our patients.