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Study on Fiduciary Duties for Pharmacy Benefit Managers (PBMs)

This bill mandates the Secretary of Labor to conduct a study on the potential impact of classifying Pharmacy Benefit Managers (PBMs) as fiduciaries under federal law (ERISA). If implemented, this policy would legally require PBMs to prioritize the financial interests of group health plan participants over their own profits. The study aims to assess how this change would affect drug costs and fee transparency for citizens relying on employer-sponsored health insurance.
Key points
Requires the Department of Labor to study the effects of treating PBMs as fiduciaries for group health plans within two years.
Under the studied policy, PBMs would face strict fiduciary duties, meaning they must act solely in the best interest of plan beneficiaries.
The policy would prohibit PBMs from retaining fees, discounts, or rebates based on drug prices, aiming to reduce conflicts of interest and potentially lower drug costs.
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Additional Information
Print number: 118_S_3330
Sponsor: Sen. Braun, Mike [R-IN]
Process start date: 2023-11-15