STATE COURT CASES
ADMINISTRATIVE LAW — PUBLIC EMPLOYEES — EMPLOYEE BENEFITS
01-2-1817 New Jersey Education Association v. Beaver, App. Div. (per curiam) (12 pp.) The New Jersey Education Association invokes the court’s jurisdiction to review agency action and inaction. The association challenges a contract for pharmacy benefit management services between Medco Health Solutions Inc. and the Department of Treasury. Respondents are the School Employees’ Health Benefits Commission (SEHBC), the State Health Benefits Commission (SHBC), and the director of the Division of Pensions and Benefits in the department. The association filed this appeal because the SEHBC did not respond to its letters asking the SEHBC to invalidate changes in the school employees’ prescription drug program effectuated through the Medco contract. The association’s legal challenge to the process by which the Medco contract was awarded and its claim that Medco’s management of a prescription benefit plan violates the statutes and regulations governing the SEHBC present questions involving the SEHBC’s expertise. The nature of the legal questions, in combination with the inadequate record, warrant a remand to the SEHBC. [Decided April 20, 2011.]
