S. 1339 · 118th Congress · Senate

Pharmacy Benefit Manager Reform Act

Active· Placed on Senate Legislative Calendar under General Orders. Calendar No. 113.
Introduced
Apr 27, 23
Passed Senate
Pending
Passed House
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Pharmacy Benefit Manager Reform Act

This bill establishes various requirements for pharmacy benefit managers (PBMs) with respect to services provided to health insurance plans.

First, PBMs must report annually to the plan sponsor certain information about the PBM's services, including the amount of prescription drug copayment assistance funded by drug manufacturers, a list of covered drugs billed under the plan during the reporting period, and the total net spending by the health plan on prescription drugs. PBMs also must provide plan sponsors with a supplementary report every six months with specified information about drugs that were dispensed under the plan by pharmacies that are wholly or partially owned by the PBM.

Second, the bill prohibits spread pricing. Under the bill, spread pricing occurs when a PBM charges an insurance plan (or an insurance plan charges plan participants) a price for a prescription drug that exceeds the price paid to the pharmacy for the drug.

Finally, PBMs must remit to the plan sponsor all rebates, fees, alternative discounts, and other remuneration received from a drug manufacturer.

The bill establishes civil penalties for violations of these requirements and provides funding for the Centers for Medicare & Medicaid Services and the Department of Labor to implement the provisions of this bill.

Action Timeline

6
  1. JUN 22, 2023Committee

    Committee on Health, Education, Labor, and Pensions

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

  2. JUN 22, 2023Committee

    Committee on Health, Education, Labor, and Pensions

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

  3. JUN 22, 2023Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 113.

  4. MAY 11, 2023Committee

    Committee on Health, Education, Labor, and Pensions

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

  5. APR 27, 2023IntroReferral

    Introduced in Senate

  6. APR 27, 2023IntroReferral

    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Committees

3

Health, Education, Labor, and Pensions Committee

sshr00

Referred: Jun 22, 2023

Active

Health, Education, Labor, and Pensions Committee

sshr00

Referred: May 11, 2023

Active

Health, Education, Labor, and Pensions Committee

sshr00

Referred: Apr 27, 2023

Active