S. 4293 · 117th Congress · Senate

Pharmacy Benefit Manager Transparency Act of 2022

Active· Placed on Senate Legislative Calendar under General Orders. Calendar No. 647.
Introduced
May 24, 22
Passed Senate
Pending
Passed House
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Pharmacy Benefit Manager Transparency Act of 2022

This bill generally prohibits pharmacy benefit managers (PBMs) from engaging in certain practices when managing the prescription drug benefits under a health insurance plan, including charging the plan a different amount than the PBM reimburses the pharmacy.

The bill also prohibits PBMs from arbitrarily, unfairly, or deceptively (1) clawing back reimbursement payments, or (2) increasing fees or lowering reimbursements to pharmacies to offset changes to federally funded health plans.

PBMs are not subject to these prohibitions if they (1) pass along 100% of any price concession or discount to the health plan, and (2) disclose specified costs, prices, reimbursements, fees, markups, discounts, and aggregate payments received with respect to their PBM services.

Further, PBMs must report annually to the Federal Trade Commission (FTC) certain information about payments received from health plans and fees charged to pharmacies.

The FTC and state attorneys general are authorized to enforce the provisions of the bill.

Previous Versions

00May 24, 2022

Pharmacy Benefit Manager Transparency Act of 2022

This bill generally prohibits pharmacy benefit managers (PBMs) from engaging in certain practices when managing the prescription drug benefits under a health insurance plan, including charging the plan a different amount than the PBM reimburses the pharmacy.

The bill also prohibits PBMs from arbitrarily, unfairly, or deceptively (1) clawing back reimbursement payments, or (2) increasing fees or lowering reimbursements to pharmacies to offset changes to federally funded health plans.

PBMs are not subject to these prohibitions if they (1) pass along 100% of any price concession or discount to the health plan, and (2) disclose specified costs, prices, reimbursements, fees, markups, discounts, and aggregate payments received with respect to their PBM services.

Further, PBMs must report annually to the Federal Trade Commission (FTC) certain information about payments received from health plans and fees charged to pharmacies.

The FTC and state attorneys general are authorized to enforce the provisions of the bill.

Action Timeline

7
  1. DEC 14, 2022Committee

    Committee on Commerce, Science, and Transportation

    Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.

  2. DEC 14, 2022Committee

    Committee on Commerce, Science, and Transportation

    Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.

  3. DEC 14, 2022Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 647.

  4. JUN 22, 2022Committee

    Committee on Commerce, Science, and Transportation

    Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. MAY 24, 2022IntroReferral

    Introduced in Senate

  6. MAY 24, 2022IntroReferral

    Introduced in Senate

  7. MAY 24, 2022IntroReferral

    Read twice and referred to the Committee on Commerce, Science, and Transportation.

Committees

3

Commerce, Science, and Transportation Committee

sscm00

Referred: Dec 14, 2022

Active

Commerce, Science, and Transportation Committee

sscm00

Referred: Jun 22, 2022

Active

Commerce, Science, and Transportation Committee

sscm00

Referred: May 24, 2022

Active