TBA Law Blog


Posted by: Stacey Shrader Joslin on Apr 9, 2026

The U.S. 6th Circuit Court of Appeals has delivered a blow to efforts by Tennessee lawmakers and state Attorney General Jonathan Skrmetti to force companies to open their employee pharmacy benefit manager plans (PMB) to other providers, the Tennessee Journal reports. On April 7, a three-judge panel held that the federal Employee Retirement Income Security Act (ERISA) preempts the “any willing provider” and anti-steering provisions in state law. The decision upheld a ruling from the district court and blocks the state from mandating network structures for self-funded worker health plans. The ruling came in McKee Foods Corp. v. BFP Inc.