Maine. According to Ranjan (2002), "The Pharmaceutical Research and Manufacturers of America ('PhRMA')filed suit in the District Court of Maine."
Ranjan (2002) states that PhRMA argued that: "(1) the prior authorization provision was preempted by federal Medicaid law; and (2) the mandatory rebate provision was an extraterritorial regulation in violation of the dormant commerce clause of the Constitution."
PAM's claim that the Drug Act is unconstitutional seems basically correct. The crux of the argument is that basically prior authorization would seem to limit, at least in part or in full, access to drugs for Medicaid patients and even deny Medicaid patients the safest and most efficacious drug therapy.