182926P.pdf   11/17/2021  Pharmaceutical Care Management  v.  Nizar Wehbi
   U.S. Court of Appeals Case No:  18-2926
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge and Benton, Circuit 
   Judge] 
   Civil case - ERISA. On remand from the Supreme Court for further 
   consideration in light of Rutledge v. Pharmaceutical Care Management 
   Association, 141 S.Ct. 474 (2020). For the court's prior opinion in the 
   matter, see Pharm. Care Mgt. Ass'n v. Tufte, 968 F.3d 901 (8th Cir. 2020), 
   vacated sub nom. Wilke v. Pharm. Care Mgt. Ass'n, 141 S.Ct. 1364 
   (2021)(mem.). Several of the statutory sections plaintiffs allege are 
   preempted by ERISA do not meet the connection-with standard because they 
   do not require providers to structure benefit plans in particular ways; as 
   they do not have an impermissible connection with ERISA plans, they are 
   not preempted; with respect to plaintiffs' claims that certain statutory 
   provisions are preempted by Medicare Part D, the court adopts the standard 
   that state laws are preempted by Part D if and only if they either (1) 
   regulate the same subject matter as a federal Medicare Part D standard (in 
   which case they are expressly preempted) or (2) otherwise frustrate the 
   purpose of a federal Medicare Part D standard (in which case they are 
   impliedly preempted); here, several of the challenged state law provisions 
   are not preempted under this standard; a provision requiring plans to 
   disclose certain information to patients or prohibiting plans from 
   prohibiting pharmacies from disclosing certain information are preempted, 
   as are provisions regarding collection of retroactive fees from 
   pharmacies. Affirmed in part, reversed in part.