National Community Pharmacists Association

Voice Support for Prohibitions on PBMs and Insurers Owning Pharmacies
Please take a moment and contact your legislators and urge them to cosponsor recently introduced legislation that would prohibit PBMs and insurers from owning pharmacies. H.R./ S. 4509 The Patients Before Monopolies Act, introduced by Reps. Diana Harshbarger (R-Tenn.) and Jake Auchincloss (D-Mass.) in the House and Sens. Josh Hawley (R-Mo.) and Elizabeth Warren (D-Mass.) in the Senate is a strong step in addressing unacceptable conflict of interest, which allows corporate giants to put profits over the interests of patients, taxpayers, employers, and independent pharmacies.

Voice your support for this strong, bipartisan and bicameral measure that would:

 Prohibit a parent company of a PBM or an insurer from owning a pharmacy business; 

  • Require that a parent company in violation of the PBM Act divest its pharmacy business within one year of the bill’s enactment; 
  • Enable the FTC, Department of Health and Human Services, Antitrust Division of the Department of Justice, and state attorneys general to bring lawsuits requiring violators of the PBM Act to divest their pharmacy business and disgorge any revenue received during the period of such violation; 
  • Enable private parties, including independent pharmacists, to bring lawsuits against violators of the bill, and secure treble damages in successful lawsuits; 
  • Allow the FTC and DOJ to review and block future actions that would recreate the anticompetitive conditions addressed by the bill or harm the public interest. 

Urge your legislator to actively support this legislation which bring needed structural changes to the PBM industry and create a fairer market!

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