This week, the Senate Health, Education, Labor, and Pensions (HELP) Committee attempted to hold a markup of four bipartisan drug pricing bills, including S.1339, the Pharmacy Benefit Manager Reform Act, which would require greater transparency for PBMs and ban spread pricing in commercial markets. Chairman Bernie Sanders (I-VT) recessed the committee following concerns raised by Members of both parties regarding the process. The markup will reconvene on Thursday, May 11 at 10:00 a.m., which will follow a hearing on Wednesday, May 10 with CEOs of the three largest PBMs and insulin manufacturers. NCPA has serious concerns with S.1339 as it would potentially preempt state PBM legislation/regulation and bury states in lawsuits from the PBMs. NCPA authored a joint letter with national pharmacy organizations expressing this concern, and we are still working with committee and leadership staff to improve S.1339. There has been confusion about reporting on the legislation’s implementation date, which was changed to 30 months after enactment, which means November 2025 at the earliest. This only applies to this legislation, should it become law, and not the final rule reforming pharmacy DIR fees which goes into effect January 2024.
NCPA
