Legal Center NCPA is suing the government to end DIR fees. Doing so has been our top priority since 2014. We tried every year of the outgoing administration to persuade the Department of Health and Human Services to adopt new rules to remedy the problem. That effort nearly succeeded in 2019, only to have it die because of opposition from the White House. Having exhausted every effort to work through the legislative and regulatory processes, community pharmacies can wait no longer. We believe we have a strong legal case against DIR fees. On behalf of our members and the more than 21,000 community pharmacies that we represent, we are now taking our fight to the courts. We will update this page as the case progresses. Please check back for regular updates. NCPA v. Becerra Resources NCPA Reacts to Government’s Response in Major HHS Case Amended Complaint Filed: NCPA, APhA, CSRO, Fruth Pharmacy, Hi-School Pharmacy Services, Kare Drug and Tyson Drug Co. v. Becerra APhA Joins NCPA Suit Against Backdoor Pharmacy Fees | NCPA Original Complaint Filed: NCPA v. Azar NCPA Press Release - National Community Pharmacists Association Files Lawsuit Against HHS to Eliminate Spiraling Pharmacy DIR Fees One Pager - NCPA Lawsuit to End Pharmacy DIR Fees History of NCPA's Fight Against DIR How pharmacy DIR fees work (infographic) How DIR Fees Work (infographic) How retroactive pharmacy DIR fees hurt Medicare patients & Taxpayers (infographic) LEARN MORE Pharmaceutical Care Management Association v. Wehbi NCPA is one of nine pharmacy associations that filed a friend of the court (amicus curiae) brief in the Eighth Circuit of the U.S. Court of Appeals defending North Dakota's right to regulate PBMs. Before North Dakota's law went into effect, the Pharmaceutical Care Management Association sued to prevent the state from enforcing it. Originally known as PCMA v. Tufte, then PCMA v. Wilke and now PCMA v. Wehbi, PCMA's lawsuit claimed that two federal laws, the Employee Retirement Income Security Act of 1974 (ERISA) and Medicare Part D, prevent North Dakota from regulating PBMs. The U.S. Court of Appeals for the Eighth Circuit agreed, invalidating North Dakota's PBM law in its entirety. After the Supreme Court win in Rutledge v. PCMA, the Eighth Circuit's decision in the North Dakota case was vacated and sent back to the Eighth Circuit for further consideration. This case is the first at the federal appellate level to consider the scope of the U.S. Supreme Court's unanimous decision in Rutledge v. PCMA upholding an Arkansas state law regulating the abusive practices of PBMs. News release: Pharmacy Orgs Cheer Eighth Circuit Decision Supporting State PBM Regs Pharmacy Orgs Lace Up the Gloves for Another Legal Fight with the PBMs, This Time in N.D. In The News/Case Resources: United States Court of Appeals For the Eighth Circuit Decision - Nov. 17, 2021 Brief Oral arguments - Sept. 1, 2021 Articles: Reuters - Amici come out for N.D. law regulating 'abusive' PBMs Chain Drug Review - Pharmacy groups ready for another legal fight with the PBMs in North Dakota AP - North Dakota law aimed at regulating PBMs gets support Ohio Capital Journal - In court, drug middlemen fight to limit pharmacies insured patients can use Rutledge v. Pharmaceutical Care Management Association (PCMA) The Supreme Court of the United States issued its landmark ruling in Rutledge v. Pharmaceutical Care Management Association (PCMA), determining whether community pharmacies are protected from abusive payment practices. The unanimous (8 to 0) decision ruled in favor of the interests of patients and community pharmacies, who have been fighting for years to regulate pharmacy benefit managers (PBMs), the controversial middlemen that manage prescription drug benefits for health insurers, Medicare Part D drug plans, and large employers. With this ruling, states will have greater authority to protect their local businesses and their patients from PBM overreach. "This is a historic victory for independent pharmacies and their patients. And it confirms the rights of states to enact reasonable regulations in the name of fair competition and public health," said National Community Pharmacists Association CEO B. Douglas Hoey, pharmacist, MBA. At issue was the extent to which the federal Employee Retirement Income Security Act of 1974 (ERISA), which regulates private employee benefit plans, preempts the states from regulating the amount that PBMs pay pharmacies to dispense prescription drugs that are covered by an employer-sponsored health plan. There are other important cases working their way through the courts, and there will be lots more legislative activity in Congress and the states on which NCPA will be leading the fight. We need your help, so please consider making a donation to the NCPA Legislative/Legal Defense Fund. Resources Rutledge v. PCMA, No. 18-540 (U.S.): One Pager on Unanimous Decision Reversing Eighth Circuit Webinars November 16, 2021 NCPA Legal Wins and the Lasting Impact on Your Business, sponsored by RxSafe, Liberty Software, Value Drugs and Datarithm. A look at how last year's unanimous Supreme Court decision in Rutledge v. PCMA changed the legal landscape and how pharmacists can work to push for new PBM regulations at the state level. Recording January 28, 2021 NCPA's preview of our strong legal case against DIR fees. On behalf of our members and the more than 21,000 community pharmacies that we represent, we are now taking our fight to the courts. Recording NCPA Press Releases NCPA: Pharmacy Orgs Cheer Eighth Circuit Decision Supporting State PBM Regs NCPA: Pharmacy Groups React to Landmark Supreme Court Hearing NCPA: Community Pharmacists Respond to PCMA’s Amicus Brief on States' Authority to Regulate PBMs NCPA: Pharmacy Groups Unite to Fight PBMs in Landmark Supreme Court Case NCPA: Community Pharmacy Cheers SCOTUS Decision to Rule on States’ Authority to Regulate PBMs In the News & Case Resources Recording of December 15th post-decision overview of the landmark ruling in Rutledge v. Pharmaceutical Care Management Association (PCMA) NCPA - Rutledge v. PCMA, No. 18-540 (U.S.): One Pager on Unanimous Decision Reversing Eighth Circuit C-SPAN - Rutledge, Attorney General of Arkansas v. Pharmaceutical Care Management Association Oral Argument NCPA - Rutledge v. PCMA, No. 18-540 (U.S.): One-Pager on Oral Argument NCPA - Oct. 5 Facebook Live previewing the oral arguments in Rutledge v. PCMA NCPA - Sept. 29 webinar previewing the oral arguments in Rutledge v. PCMA Brief of Arkansas Pharmacists Association, National Community Pharmacists Association, American Pharmacists Association, National Alliance Of State Pharmacy Associations, and Fifty-One Other Pharmacist Associations As Amici Curiae Supporting Petitioner NCPA - Analysis of Rutledge v. PCMA Rutledge v. PCMA: 15 Years in the Making Talk Business & Politics: U.S. Supreme Court hearing state appeal on pharmacy benefit managers Tuesday KAIT TV: SCOTUS to hear Arkansas case regulating PBMs Oct. 6 SCOTUS: Oral Arguments Currently Scheduled for the April Session (April 20-22 and April 27-29) Have Been Postponed Drug Store News: Supreme Court to hear case on states' authority to regulate PBMs Pharmacy Times: Supreme Court to rule on States' right to regulate pharmacy benefit managers Arkansas Democrat Gazette: Justices get state case on druggist pay rules STAT News: Supreme Court will review an Arkansas governing pharmacy benefit managers The Motley Fool: Supreme Court to tackle PBM regulations and how much they can charge Healthcare Dive: Supreme Court to take on PBM rate regulation American Pharmacists Association: Big-time PBM scrutiny on the way as U.S. Supreme Court agrees to hear Arkansas case NCPA Legislative/Legal Defense Fund Support our effort to end DIR fees. 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