
The state of Indiana has filed suit against Indiana-based drug manufacturer Eli Lilly and Co. for conspiring with other manufacturers and pharmacy benefit managers (PBMs) to artificially inflate insulin prices by more than 1,000% over the past ten years. The lawsuit, along with a similar suit filed against other insulin manufacturers and PBMs, comes after Indiana State Attorney General Todd
Employee Benefits
EEOC Pivots Focus on Anti-American, White Male Bias

After finally reaching a quorum after many months of inactivity, the U.S. Equal Employment Opportunity Commission (EEOC) is shifting to focus on what it refers to as “anti-American” bias. In December, EEOC chair Andrea Lucas posted a video on social media expressing an interest in hearing from white males experiencing race or sex discrimination in the workplace. A tutorial on…
New Alaska Law Permits State Regulation of PBMs and TPAs

As states increasingly seek ways to rein in pharmacy benefit managers (PBMs), Alaska has enacted a law that allows the Alaska Division of Insurance to license and regulate PBMs. That law extends the Division’s equivalent licensing and regulatory powers to third-party administrators (TPAs), which help commercial, employer-sponsored self-insured, and government health plans administer benefits to plan participants.
The Employee Retirement…
Alabama Hospital Sues Blue Cross and Blue Shield for Millions in Underpayment of Claims
Jackson Hospital has sued Blue Cross and Blue Shield of Alabama in an Alabama bankruptcy court for $250 million. The Montgomery-area hospital claims that years of claims underpayment by the insurance giant have directly contributed to its insolvency.
Jackson Hospital, which has about 1,800 employees, filed for Chapter 11 bankruptcy in February 2025 after defaulting on $60 million in bonds.…
Aetna Settles Class Action by Covering Fertility Treatments for Same-Sex Couples in Class-Action Lawsuit

A California federal district court has approved a preliminary settlement agreement in a class-action lawsuit against Aetna over coverage for fertility treatments for same-sex couples versus heterosexual couples. As part of the settlement, Aetna will cover artificial insemination or in vitro fertilization for same-sex couples in the same manner as it does for heterosexual couples. Aetna will also pay $2…
Bipartisan Coalition, ERIC Support PBM Fiduciary Bill

The ERISA Industry Committee is backing a pharmacy benefit manager (PBM) bill that would establish a fiduciary duty under the Employee Retirement Income Security Act (ERISA) for PBMs to put the interests of employer plan sponsors and participants ahead of their own. Sen. Roger Marshall (R-Kan.) and three bipartisan sponsors have proposed the PBM Fiduciary, Accountability, Integrity, and Reform Act,…
Federal Agencies Propose Amended Rules Relating to Price Transparency Reporting Requirements

The Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA), and the U.S. Department of Health and Human Services (HHS) have proposed rules on price transparency reporting requirements. The proposed rules would amend existing rules under the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code.
The proposed rules would affect non-grandfathered…
5th Circuit Panel Rules for Aramark in Finding Arbitration Clause Subject to Court Review in ERISA Case Against Aetna
A split three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that a federal district court should decide whether Aramark can proceed with its lawsuit against Aetna or must resolve the dispute through arbitration. According to the court’s ruling, the arbitration clause is sufficiently ambiguous to be subject to court review.
Aetna, a subsidiary of CVS…
New State Labor and Employment Laws Now in Effect

States have enacted various employment-related laws that took effect in 2026. These laws cover various topics such as gig worker and whistleblower protections, employment contracts, data privacy, and workplace and pay transparency. This post includes a survey of some of the more notable laws that are now in place but does not include all such laws. Likewise, this post specifically…
Virginia Sues PBMs and Insulin Manufacturers Over Inflated Pricing Scheme
The Commonwealth of Virginia has filed suit against various pharmacy benefit managers (PBMs) and insulin manufacturers for allegedly violating the Virginia Consumer Protection Act. According to the lawsuit, the defendants, including Express Scripts, CVS Caremark, and OptumRx, as well as Sanofi-Aventis U.S. and Novo Nordisk, engaged in an insulin pricing scheme that artificially inflated insulin prices, deceiving consumers in the…