PolicyBrief
S. 526
119th CongressFeb 11th 2025
Pharmacy Benefit Manager Transparency Act of 2025
IN COMMITTEE

The Pharmacy Benefit Manager Transparency Act of 2025 aims to increase transparency and prohibit unfair practices by pharmacy benefit managers (PBMs) in prescription drug pricing.

Charles "Chuck" Grassley
R

Charles "Chuck" Grassley

Senator

IA

LEGISLATION

New Bill Could Slash Drug Costs: PBM Transparency Act of 2025 Targets Hidden Fees & Pricing Practices

The Pharmacy Benefit Manager Transparency Act of 2025 is here, and it's taking aim at those mysterious middlemen in the prescription drug world: Pharmacy Benefit Managers (PBMs). In plain English, this bill wants to shine a light on how PBMs operate and stop them from pulling some shady pricing maneuvers that can drive up costs for everyone.

Prescription Price Shake-Up

This bill tackles the core of how PBMs make money. It specifically prohibits "spread pricing," where a PBM charges your health plan more for a drug than they pay the pharmacy, pocketing the difference. Think of it like a hidden markup – you're paying extra, but you don't know where that money's going. Section 2 of the bill makes this illegal, unless the PBM passes 100% of any price discounts back to your health plan and discloses all costs and fees. It also prevents PBMs from unfairly clawing back payments to pharmacies, protecting those local businesses we all rely on.

For example, imagine a local pharmacist dispensing a crucial medication. Under the current system, a PBM could retroactively reduce the payment to that pharmacist, making it harder for them to stay in business. This bill aims to stop that, ensuring fairer dealings.

Show Me the Numbers: Transparency Time

The bill forces PBMs to be way more transparent. Starting one year after enactment, PBMs have to report annually to the Federal Trade Commission (FTC) and Health and Human Services (HHS) exactly how much they're charging health plans versus what they pay pharmacies (Section 4). They'll also have to report on various fees and if they move a drug to a more expensive tier on a formulary (your plan's list of covered drugs), they have to explain why.

This is a big deal. Right now, a lot of this information is hidden. This bill demands openness, which could help lower costs by exposing inflated pricing. The FTC will then report to Congress annually, summarizing PBM reports, detailing enforcement actions, and even analyzing if the Act leads to PBM mergers (and the effects of those mergers).

Whistleblower Protection: Speak Up, Stay Safe

Got dirt on a PBM breaking the rules? This bill has your back. Section 5 protects employees who report suspected violations. You can't be fired, demoted, or harassed for reporting to the government or even just telling your supervisor. If you are retaliated against, you can sue for double back pay, damages, and legal fees. This is crucial for making sure the law is actually enforced.

Who's Keeping Watch? Enforcement & Penalties

The FTC is the main enforcer, with the power to treat violations like breaches of unfair practice rules (Section 6). This means hefty penalties – up to $1,000,000 per violation. State attorneys general can also bring lawsuits on behalf of their residents. This one-two punch of federal and state enforcement should keep PBMs on their toes.

The Bottom Line

The Pharmacy Benefit Manager Transparency Act of 2025 is all about making the prescription drug market fairer and more transparent. By tackling hidden fees, demanding clear reporting, and protecting whistleblowers, it could mean lower drug costs and a more level playing field for pharmacies and patients. While the bill does a good job of defining what constitutes a violation and sets up strong reporting requirements, it'll be interesting to see how well the FTC can handle the increased workload and the potential for legal challenges over what exactly counts as "unfair" pricing.