This Act limits Medicare Part D beneficiary cost-sharing for prescription drugs to the drug's average net price after the deductible and before the out-of-pocket limit, starting in 2027.
Nicole Malliotakis
Representative
NY-11
The Protect Beneficiaries from Middlemen Act aims to lower out-of-pocket prescription drug costs for Medicare Part D beneficiaries. Starting in 2027, this bill caps a beneficiary's cost-sharing (copays/coinsurance) at the drug's "average net price" after the deductible is met but before the out-of-pocket limit. This ensures that cost-sharing reflects the actual price paid by the plan after rebates. The Government Accountability Office will review the implementation and enforcement of these new rules by 2029.
The “Protect Beneficiaries from Middlemen Act” aims to tackle one of the most frustrating parts of Medicare Part D: the sticker shock at the pharmacy counter. Starting January 1, 2027, this legislation changes how much a Medicare beneficiary can be charged for a prescription drug. Specifically, your copay or coinsurance (your cost-sharing) will be capped at the drug’s Average Net Price—the actual price the prescription drug plan paid after subtracting any rebates or discounts it received. This rule kicks in after you meet your deductible but before you hit your annual out-of-pocket maximum, which is often when costs hit hardest. It also extends this protection to folks receiving the Low-Income Subsidy (LIS), ensuring they benefit from the new structure.
Think about buying a new car. The sticker price is the Applicable Cash Price—what someone without insurance would pay. But the dealer (the Part D plan) gets a huge discount from the manufacturer (the drug company) in the form of rebates. Right now, your copay is often calculated based on that high sticker price, even though the plan itself only paid the lower net price. This bill tries to fix that by making sure your cost-sharing is based on the real cost the plan incurred, not the inflated list price. For a Part D beneficiary managing a chronic condition, this could mean a significant drop in monthly medication costs once they move past their deductible and into the coverage phase.
The success of this change hinges entirely on transparency. The bill defines the Average Net Price as the amount the plan paid after accounting for rebates and other money received. This means the Part D plans and the Pharmacy Benefit Managers (PBMs—the middlemen) will need to accurately and transparently calculate and report these net prices for every drug. If the calculation isn't strictly defined or enforced, there’s a risk that plans could technically comply while keeping the net price artificially high. However, the bill anticipates this challenge by mandating that the Government Accountability Office (GAO) review the implementation by January 1, 2029, checking for compliance, enforcement issues, and suggesting improvements.
For the average person on Medicare, this legislation offers greater financial predictability. Imagine you take a specialty medication that costs $1,000 list price, but the plan gets a $400 rebate, making the net price $600. If your plan requires 25% coinsurance, under the old rules, you might pay $250 (25% of $1,000). Under this new rule, your cost would be capped at $150 (25% of the $600 net price). This difference can add up fast, especially for those juggling multiple prescriptions. By tying your cost directly to the actual cost paid by the plan, the bill ensures that when plans negotiate better deals (rebates), those savings are passed directly to the patient at the counter, rather than just staying with the insurance company.