WASHINGTON, Sept 20 (Reuters) - The U.S. Federal Trade
Commission said on Friday it was suing the country's three
largest pharmacy benefit managers, accusing them of abusing
their power and rigging the pharmaceutical supply chain to
artificially inflate the cost of insulin.
Here is what you need to know about PBMs.
WHAT ARE PHARMACY BENEFIT MANAGERS?
Pharmacy benefit managers are companies that handle
prescription drug benefits for health insurance companies, large
employers, and Medicare prescription drug plans - a group often
referred to as payers.
The PBMs negotiate fees and volume-based discounts, known as
rebates, on behalf of payers with drugmakers and pharmacies;
create lists known as formularies of medications covered by
insurance plans; reimburse pharmacies by processing claims; and
manage pharmacy networks. Many also operate their own mail-order
pharmacies. They collect fees from payers and rebates from
drugmakers.
Studies, including one from the Congressional Budget Office,
show that rebates lower drug costs for the government and
consumers. Other studies show a correlation between increases in
a drug's list price and rising rebates for the drug.
WHO ARE THE BIG PBM PLAYERS?
Three companies controlled 79% of U.S. pharmacy benefit
management in 2022, according to the data platform Statista: CVS
Health's ( CVS ) CVS Caremark with 33%, Cigna's ( CI ) Express
Scripts at 24%, and UnitedHealth Group's ( UNH ) OptumRx owns
22% of the market. The FTC's complaint says they now control 80%
of the market.
The other noteworthy companies by market share are Humana
Pharmacy Solutions at 8%, Prime Therapeutics at 5%, and
MedImpact Healthcare Systems with 4%.
These six companies together control 96% of the PBM market.
HOW AND WHY ARE PBMs FACING INTENSE SCRUTINY?
The FTC began investigating the top PBMs and their impact on
pricing and access to prescription drugs in 2022.
In an interim report on its investigation released in July,
the agency said healthcare consolidation has given the companies
outsized influence over prescription drug prices that could
warrant regulation.
The FTC looked into the fees they charge, how they reimburse
pharmacies, clawback of payments to pharmacies outside of their
networks, and whether the companies steer patients to their own
pharmacies. It also investigated whether benefit managers favor
more expensive drugs that yield higher rebates over lower-cost
alternatives.
Lawmakers have introduced about two dozen bills since last
year targeting PBMs, including at least five with bipartisan
support, congressional records show. Several have passed
committees, but have yet to come to a vote by the broader Senate
or House of Representatives.
There is bipartisan support for PBM reform, and lawmakers on
both sides of the aisle heavily criticized the companies in a
July hearing of the House Committee on Oversight and
Accountability where PBM executives came under fire.
Separate bills aim to ban what is known as "spread pricing,"
a practice in which PBMs charge health plans a larger amount for
a drug than they pay out to pharmacies. Some are seeking more
transparency under which the companies would be required to
provide more information on their non-public negotiations.
Rebates have also been a subject of proposed new government
rules.