Yesterday, two major pharmacy-related bills addressing NCPA policy priorities passed out of their respective committees — one on PBM kickbacks and the other on reimbursement for test-and-treat services in pharmacies — in a sign of Congress’ continued attention to pharmacy access.
The House Education and Workforce Committee passed H.R. 7895, the “PBM Kickback Prohibition Act,” out of committee by a unanimous vote of 34-0. This legislation was introduced earlier this year by Rep. Rick Allen (R-Ga.) and would prohibit PBMs from paying referral fees or kickbacks to an intermediary (like a broker) in exchange for directing an insurer or employer health plan to the PBM.
This bill represents a bold step in reining in PBM influence over the health care system and bringing down costs for employers and patients. There was little debate on the matter, other than Ranking Member Bobby Scott’s (D-Va.) statement that while he wished they had been involved more, he appreciated Allen’s work on broadening the language to make sure PBMs wouldn’t be able to use loopholes to avoid compliance. Rep. Mark DeSaulnier (D-Calif.) offered an amendment that would have broadened the bill to include other entities in the health care space; that amendment was not adopted.
Also, the Ways and Means Committee passed out of committee H.R. 3164, the “Main Street Pharmacy Access Act” (formerly known as the “Ensuring Community Access to Pharmacist Services Act”). This legislation was reintroduced in May 2025 by Reps. Adrian Smith (R-Neb.) and Brad Schneider (D-Ill.) and would ensure Medicare beneficiaries can easily access health care services by authorizing pharmacists to test and treat COVID-19, flu, respiratory syncytial virus, and strep throat.
There was general debate on the legislation regarding concerns that this could open the door to expanding scope of practice, including from Rep. Greg Murphy (R-N.C.), a urologist. He admitted concern about the pressure that vertically integrated pharmacies might get from their parent companies. He supported the bill’s passage out of committee after extensive work was done to narrow the scope of the bill to allow reimbursement in Medicare Part B in states that already allow pharmacists to provide these services. Additionally, it allows pharmacists to be reimbursed for these services if operating under a collaborative practice agreement or other protocol recognized by the state where the pharmacist is providing the services. Reps. David Kustoff (R-Tenn.) and Rudy Yakym (R-Ind.) both spoke on the need for this legislation in their communities. Three amendments were offered but were ultimately not adopted. The legislation was then reported out of committee favorably by voice vote. This bill was also referred to the House Energy and Commerce Committee and must work its way through that committee before it can go to the House floor for a vote.
NCPA is grateful to the members of both committees for all their hard work on these bills and will continue to champion them through the legislative process. You can read our statement in support of the two bills here.
