Pharmaceutical Research & Manufacturers of America v. Meadows

CUDAHY, Circuit Judge:

The Florida legislature recently added another chapter in the ongoing efforts of states to hold down their Medicaid drug costs. The new Florida law enacted changes in its Medicaid program by creating a “preferred drug formulary” (also referred to as a “preferred drug list”), which exempts certain Medicaid-eligible drugs from a “prior authorization” requirement. If a drug is not on the preferred list, the prescribing doctor must call a state pharmacist to obtain approval of its use. In the course of this procedure, the pharmacist informs the doctor of the availability of…