WASHINGTON, July 9 (Reuters) - The consolidation of
pharmacies and health insurance companies through years of deal
making has led to a handful of pharmacy benefit managers
exercising outsized influence over prescription drug prices, the
U.S. Federal Trade Commission said on Tuesday.
Pharmacy benefit managers, or PBMs, act as middlemen between
drug companies and consumers. They negotiate volume discounts
and fees with drug manufacturers, create lists of medications
that are covered by insurance, and reimburse pharmacies for
prescriptions.
The FTC argues the three biggest PBMs - managing 79% of U.S.
prescription drug claims - have greatly enriched themselves at
the expense of smaller pharmacies and consumers, according to an
interim staff report calling for possible greater regulation.
"These powerful middlemen may be profiting by inflating drug
costs and squeezing Main Street pharmacies," the FTC said in its
findings, two years into an investigation of top PBMs and their
impact on prescription drug prices in the United States.
The three biggest PBMs are UnitedHealth Group Inc's ( UNH )
Optum unit, CVS Health Corp's ( CVS ) CVS Caremark and Cigna
Corp's Express Scripts.
CVS and Express Scripts denounced the findings. Express
Cripts said the report contained "blatant" inaccuracies and its
conclusions were biased. Increased regulation of PBMs would
reward drugmakers and hurt consumers, CVS said.
PBM shares slipped upon the report's release, with CVS down
1%, Humana falling 1.2%, and UnitedHealth ( UNH ) down marginally.
The report included some closely guarded information about
how companies contract for formulary placement for drugs.
Formulary drugs is the term used for the list of medications
covered by various insurance plans.
The report also detailed how the three largest PBMs recently
established separate affiliated entities called group purchasing
organizations, or PBM GPOs, that negotiate contracts and rebates
with drugmakers, traditionally something the PBMs engaged in
directly. A CVS spokesperson said the company uses its GPO,
Zinc, to lower prices for Caremark clients. Cigna ( CI ) did not
address the issue in its response to Reuters questions.
The report comes amid a renewed effort by U.S. President Joe
Biden to combat soaring healthcare costs and drug prices after
the passage of his landmark Inflation Reduction Act.
The PBM market has become highly concentrated with the
largest companies being vertically integrated with the largest
insurance companies and pharmacy chains. This has given PBMs
significant power over prescription drug prices and the ability
of Americans to access them, the FTC said.
PBMs set which drugs are covered by insurance and at what
price, as well as which pharmacies patients can use to fill
their prescriptions. They do this without transparency or public
accountability, the report said.
Of the three biggest PBMs, CVS owns the nation's largest
retail pharmacy chain as well as insurance company Aetna.
UnitedHealth ( UNH ) and Cigna ( CI ) also have insurance units and own
specialty pharmacies.
The FTC also investigated Humana Pharmacy Solutions, Prime
Therapeutics and MedImpact Healthcare Systems. These six
companies together control over 90% of the market.
UnitedHealth Group Inc ( UNH ), CVS Health Corp ( CVS ), Cigna Group ( CI ), and
Humana Inc ( HUM ) and their subsidiaries -- which include the biggest
PBMs -- took part in more than 190 transactions over 2016 to
2023, the report said, citing data from PitchBook. Humana
declined to comment.
The market consolidation has led to PBMs favoring their own
affiliated businesses, which creates conflicts of interest that
prevent smaller independent pharmacies from staying competitive
by steering patients away from them, the FTC said.
PBMs are also able to lock independent pharmacies into
unfair contracts that do not accurately reflect the final
payment amounts these pharmacies will get, the FTC said.
CVS said independent pharmacies account for 30% of
Caremark's pharmacy network spend and that they are on average
reimbursed at a higher rate than CVS pharmacies.
The FTC said it found evidence that PBMs and the makers of
brand drugs negotiate rebates - volume-based discounts for plans
and pharmacies - conditioned on limiting access to cheaper
generic competitors.
Several PBMs were issued orders to hand over data but were
not forthcoming and timely in their responses, the report said,
which has hindered the investigation. CVS said it complied with
all data requests. Cigna ( CI ) said it provided the agency with
millions of lines of data and documents.