Pharmaceutical Research & Manufacturers of America v. Department of Community Health

Defendant, the Michigan Department of Community Health (DCH), appeals by leave granted the trial court’s issuance of a preliminary injunction against implementation of a prescription drug rebate and preauthorization policy. We reverse.

The dch administers Medicaid and non-Medicaid programs that provide prescription drug coverage for eligible Michigan residents. Under the Medicaid program, the federal government and the state share responsibility for reimbursing pharmacists the costs of covered drugs. See 42 USC 1396r-8. The manufacturer of the drug then rebates a portion of that cost to the…