The Shifting Landscape of Pharmacy Benefit Managers: Accountability and Transparency on the Horizon
For years, concerns have mounted regarding the role of pharmacy benefit managers (PBMs) in the prescription drug supply chain. Accusations of prioritizing profits over patient access and affordability have been widespread. Now, a confluence of Congressional action and Department of Labor (DOL) initiatives signals a potential turning point, aiming to align PBM incentives with those of employers and patients.
The PBM Model Under Scrutiny
PBMs act as intermediaries between health insurers, employers, and pharmaceutical companies. They negotiate drug prices, create formularies (lists of covered drugs), and process claims. However, the complexity of these arrangements has often lacked transparency, leading to questions about how rebates and discounts are utilized.
Research indicates that while PBMs negotiate, the benefits haven’t consistently translated to savings for payers or patients. A study highlighted that PBMs’ share of insulin expenditures nearly tripled between 2014 and 2018 without corresponding overall savings. Increased rebates have been linked to higher list prices, ultimately increasing out-of-pocket costs for individuals whose cost-sharing is tied to those list prices.
Recent Legislative and Regulatory Developments
The enactment of the Inflation Reduction Act of 2022 authorized the federal government to negotiate lower drug prices with manufacturers for some drugs covered by Medicare. More recently, the Consolidated Appropriations Act (CAA) mandated a broad framework for PBM transparency, making them the most transparent actor in the prescription drug supply chain.
Building on this momentum, in January 2026, the Department of Labor proposed a rule focused on improving transparency into PBM fee disclosure. This proposal aims to shed light on PBM practices and ensure fair pricing. However, the Pharmaceutical Care Management Association (PCMA) has urged the DOL to rescind the proposed rule, arguing it duplicates requirements already established in the CAA and imposes unnecessary burdens.
What’s Next for PBMs? Potential Future Trends
Several key trends are likely to shape the future of PBMs:
- Increased Fiduciary Responsibility: A significant shift is the potential for PBMs to be held legally accountable as fiduciaries. This would require them to act in the best interests of their clients (employers and health plans) and beneficiaries (patients).
- Enhanced Transparency: The CAA and the DOL’s proposed rule (despite challenges to its implementation) are driving a demand for greater transparency in PBM operations. Expect more detailed reporting on fees, rebates, and spread pricing (the difference between what a PBM pays a pharmacy and what it bills the health plan).
- Rise of Pass-Through PBMs: A growing number of employers are opting for “pass-through” PBM arrangements, where all rebates and discounts are directly passed on to the plan sponsor, eliminating potential conflicts of interest.
- Vertical Integration Challenges: The trend of PBMs acquiring or partnering with pharmacies and other healthcare providers will likely face increased scrutiny to ensure fair competition and prevent anti-competitive practices.
Impact on Patients and Employers
These changes have the potential to deliver significant benefits:
- Lower Drug Costs: Increased transparency and negotiation power could lead to lower net drug costs for employers and patients.
- Improved Access to Medications: More equitable formulary design and reduced administrative burdens could improve patient access to necessary medications.
- Greater Plan Sponsor Control: Employers and health plans will have more insight into PBM operations and greater control over their pharmacy benefits.
FAQ
- What is spread pricing? Spread pricing is the difference between what a PBM pays a pharmacy for a drug and what it bills the health plan.
- What does it mean for PBMs to be fiduciaries? It means they are legally obligated to act in the best interests of their clients and beneficiaries.
- Will these changes immediately lower my prescription drug costs? The impact will likely be gradual as new regulations are implemented and contracts are renegotiated.
Pro Tip: Employers should actively review their PBM contracts and consider requesting a full audit of PBM performance to ensure they are receiving the best possible value.
Did you realize? The Department of Labor’s proposed rule follows a similar approach to state-level PBM regulations already in place in several states.
Stay informed about the evolving landscape of pharmacy benefit management and advocate for policies that prioritize affordability and access to essential medications. Explore additional resources on the Department of Labor’s Employee Benefits Security Administration (EBSA) website for the latest updates and guidance.
