Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB1967

Introduced
6/14/23  

Caption

PBM Act Patients Before Middlemen Act

Impact

The proposed changes would enforce stricter financial controls and oversight concerning how PBMs charge drug plans and interact with other parties in the healthcare marketplace. By mandating that any fees charged by PBMs be transparent and not contingent on prices or rebates tied to drug costs, the legislation aims to mitigate conflicts of interest that can inflate drug prices. If enacted, SB1967 could reshape the financial landscape for pharmacy benefit management, compelling companies to adopt more straightforward pricing mechanisms.

Summary

SB1967, known as the Patients Before Middlemen Act, aims to amend title XVIII of the Social Security Act, focusing on the responsibilities of pharmacy benefit managers (PBMs) within Medicare Part D. The bill stipulates that contracts between pharmacy benefit managers and prescription drug plan sponsors must only include income derived from bona fide service fees rather than any hidden fees tied to prescription drugs. This legislation strives to enhance transparency in the financial dealings of PBMs, potentially lowering costs for Medicare recipients.

Conclusion

Overall, SB1967 represents a significant legislative effort to create a more equitable drug pricing system under Medicare. Its success will likely depend on the ability to balance transparency with the operational flexibility required by pharmacy benefit managers to effectively negotiate drug prices. The upcoming discussions and votes will determine if this bill can overcome the hurdles posed by entrenched interests in the pharmaceutical and healthcare sectors.

Contention

A notable area of contention surrounding SB1967 revolves around the potential pushback from powerful pharmaceutical and PBM industries, which may view these regulations as an undue restriction on their profit margins. Supporters of the bill argue that it is a crucial step towards fairer drug pricing and increased accountability in the pharmaceutical supply chain. However, critics may contend that overregulation could lead to unintended consequences, including reductions in the services provided by PBMs or increased inefficiencies in drug distribution.

Companion Bills

No companion bills found.

Previously Filed As

US SB882

Patients Before Middlemen Act

US HB2880

Protecting Patients Against PBM Abuses Act

US SB2436

NO PBMs Act Neighborhood Options for Patients Buying Medicines Act

US SB2254

Medicare PBM Accountability Act

US HB5385

Medicare PBM Accountability Act

US SB2406

PBM Oversight Act of 2023

US SB2052

Protect Patient Access to Pharmacies Act

US HB5400

NO PBMs Act Neighborhood Options for Patients Buying Medicines Act

US SB2973

Modernizing and Ensuring PBM Accountability Act

US HB950

Saving Seniors Money on Prescriptions ActThis bill establishes reporting requirements for pharmacy benefit managers (PBMs) under the Medicare prescription drug benefit and Medicare Advantage, particularly relating to the prices of prescription drugs.Specifically, PBMs must (1) disclose certain information underlying cost performance measurements (e.g., exclusions and terms), and (2) report to prescription drug plan (PDP) sponsors (and to the Centers for Medicare & Medicaid Services upon request) an itemized list of prescription drugs that were dispensed during the previous year and related data about costs, claims, affiliated pharmacies, and other specified information. PDP sponsors may audit PBMs to ensure compliance with this bill's requirements and must annually certify their compliance; PBMs are responsible for any associated civil penalties for violations.In addition, the Government Accountability Office must study federal and state reporting requirements for health plans and PBMs with respect to prescription drug price transparency and recommend ways to streamline these requirements.

Similar Bills

CA AB913

Pharmacy benefit managers.

CA SB362

Chain community pharmacies: quotas.

LA HB432

Provides for the regulation of pharmacy services administrative organizations (OR +$88,000 SG EX See Note)

MS HB1125

Pharmacy services; prohibit insurers and PBMs from requiring persons to obtain exclusively through pharmacies that they own.

LA HB387

Provides for the regulation of pharmacy services administrative organizations

CA AB401

Pharmacy: remote dispensing site pharmacy: telepharmacy: shared clinic office space.

CA AB690

Pharmacies: relocation: remote dispensing site pharmacy: pharmacy technician: qualifications.

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.