Pharmacists Fight Back Act: Take Action Now!
Ask Your US Rep to Cosponsor
The Pharmacists Fight Back Act represents a paradigm shift in the approach to PBM reform at the federal level as it looks to fundamentally fix the payment model while protecting pharmacies and patients from unfair practices of large PBMs.
If you haven’t already, please ask your US Representative to cosponsor the bill, then ask your patients to do the same. Click here to find contact information and talking points on the bill.
More specifically, the bill does the following in large federal healthcare programs:
- Implements a transparent pharmacy reimbursement model using market-based pricing benchmarked to the national average drug acquisition cost (NADAC). This bill would pay retail pharmacies fairly while capping drug costs to no more than NADAC + a fair dispensing fee + 2 percent, thereby preventing massive markups at PBM-owned and affiliated retail, mail-order, and specialty pharmacies;
- Removes the ability of PBMs to restrict patient choice via network exclusions;
- Prohibits PBMs from steering patients to PBM affiliated pharmacies;
- Prohibits several PBM practices including point of sale and retroactive fees, brand mandates, spread pricing, and tying reimbursement of a drug to outcomes, scores, or metrics;
- Requires that PBMs share 80 percent of rebates with patients at the counter while preserving 20 percent of rebate dollars for the purposes of suppressing premium growth;
- Strengthens NADAC by requiring mandatory reporting from all pharmacies that dispense outpatient drugs — including PBM mail-order and specialty pharmacies.
In addition, PBM violations of this act would constitute a felony punishable by up to a $1 million fine and 10 years in prison per violation. There is also the ability for persons to bring a civil action on behalf of themselves and the federal government.
s icing on the cake, the Pharmacists Fight Back Act was introduced on the same day as the House Oversight hearing with Congressman Auchincloss announcing the legislation after grilling the CVS executive about CVS pricing as compared to NADAC. A highlight of that exchange has garnered over 8 million views on X/Twitter.
https://x.com/RepAuchincloss/status/1816530337301774449
The Pharmacists Fight Back Act can be found here:
https://www.congress.gov/bill/118th-congress/house-bill/9096?q=%7B%22search%22%3A%22hr+9096%22%7D
Back to top