118th Congress Health
S. 127: Pharmacy Benefit Manager Transparency Act of 2023
Reported
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
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.
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Mike Braun R-INOriginal
- Shelley Capito R-WVOriginal
- Charles Grassley R-IAOriginal
- Cindy Hyde-Smith R-MSOriginal
- Jerry Moran R-KSOriginal
- Jon Tester D-MTOriginal
- Thom Tillis R-NCOriginal
- John Boozman R-AR
- Peter Welch D-VT
- Roger Marshall R-KS
- Martin Heinrich D-NM
- Joni Ernst R-IA
- Mike Rounds R-SD
- Jeanne Shaheen D-NH
Who scored on this bill
- 1Maria Cantwell SponsorDrew cross-party cosponsors, introduced, reported3 events+26
See all scorers and every scoring event
Introductions and cosponsorships count toward weekly caps and show no points.
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History
- Introduced in the Senate by Maria Cantwell.
Show the full action history (5 actions)
- Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 283.
- Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Introduced in Senate
- Read twice and referred to the Committee on Commerce, Science, and Transportation.