Legis Daily

Pharmacists Fight Back in Medicare and Medicaid Act

USA119th CongressHR-6609| House 
| Updated: 12/11/2025
Jake Auchincloss

Jake Auchincloss

Democratic Representative

Massachusetts

Cosponsors (34)
Diana Harshbarger (Republican)Barry Moore (Republican)Celeste Maloy (Republican)Mark Pocan (Democratic)Christopher R. Deluzio (Democratic)Sanford D. Bishop (Democratic)Pete Sessions (Republican)Steve Cohen (Democratic)Scott H. Peters (Democratic)Earl L. "Buddy" Carter (Republican)Vicente Gonzalez (Democratic)Ro Khanna (Democratic)Nikki Budzinski (Democratic)Stephen F. Lynch (Democratic)Mike D. Rogers (Republican)Roger Williams (Republican)Suhas Subramanyam (Democratic)Morgan McGarvey (Democratic)Raja Krishnamoorthi (Democratic)Bruce Westerman (Republican)Charles J. "Chuck" Fleischmann (Republican)Betty McCollum (Democratic)Austin Scott (Republican)James Comer (Republican)Juan Ciscomani (Republican)Seth Moulton (Democratic)Russ Fulcher (Republican)Harold Rogers (Republican)Andrew S. Clyde (Republican)Rashida Tlaib (Democratic)Jack Bergman (Republican)Ayanna Pressley (Democratic)Robert B. Aderholt (Republican)Craig A. Goldman (Republican)

Ways and Means Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, known as the "Pharmacists Fight Back in Medicare and Medicaid Act," aims to significantly regulate Pharmacy Benefit Managers (PBMs) within the Medicare Part D and Medicaid programs. Effective January 1, 2027, it introduces stringent requirements for PBMs and their affiliates to ensure fair pricing, transparency, and prevent anti-competitive behaviors in prescription drug benefits. The legislation seeks to address concerns regarding PBM practices that impact pharmacies, patients, and program costs. Under Medicare Part D, the bill mandates that PBMs and plan sponsors adhere to specific pharmacy payment requirements . These include reimbursing in-network pharmacies for the ingredient cost of drugs based on the national average drug acquisition cost (NADAC) plus a dispensing fee equal to that paid under the State's Medicaid program. Furthermore, PBMs are prohibited from imposing additional fees that reduce the pharmacy's reimbursement. A key provision is the rebate pass-through requirement , which compels PBMs to apply manufacturer rebates at the point of sale, reducing the patient's coinsurance or copayment. Any remaining rebate amounts must be remitted to the plan sponsor or the Secretary for subsidy-eligible individuals. PBMs are also required to submit annual reports certifying their compliance with these payment and rebate rules, and that they have not engaged in steering . The bill broadly defines "steering" to include directing enrollees to specific pharmacies, designing plans that require the use of affiliate pharmacies, or creating pharmacy networks that give preferential treatment, thereby restricting other in-network pharmacies. Similar requirements are extended to Medicaid, where contracts with PBMs or managed care entities must include provisions for fair pharmacy payments, a prohibition on steering, and the remittance of manufacturer rebates to the State. To enforce these new regulations, the bill establishes significant criminal and civil penalties for PBMs that knowingly and willfully violate the pharmacy payment requirements, engage in steering, or fail to comply with rebate pass-through mandates. Additionally, it enhances prescription drug transparency under Medicaid by expanding the scope of pharmacies required to participate in drug acquisition cost surveys and making this pricing information, including price concessions, publicly available.
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Timeline
Dec 11, 2025
Introduced in House
Dec 11, 2025
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • December 11, 2025
    Introduced in House


  • December 11, 2025
    Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Health

Pharmacists Fight Back in Medicare and Medicaid Act

USA119th CongressHR-6609| House 
| Updated: 12/11/2025
This bill, known as the "Pharmacists Fight Back in Medicare and Medicaid Act," aims to significantly regulate Pharmacy Benefit Managers (PBMs) within the Medicare Part D and Medicaid programs. Effective January 1, 2027, it introduces stringent requirements for PBMs and their affiliates to ensure fair pricing, transparency, and prevent anti-competitive behaviors in prescription drug benefits. The legislation seeks to address concerns regarding PBM practices that impact pharmacies, patients, and program costs. Under Medicare Part D, the bill mandates that PBMs and plan sponsors adhere to specific pharmacy payment requirements . These include reimbursing in-network pharmacies for the ingredient cost of drugs based on the national average drug acquisition cost (NADAC) plus a dispensing fee equal to that paid under the State's Medicaid program. Furthermore, PBMs are prohibited from imposing additional fees that reduce the pharmacy's reimbursement. A key provision is the rebate pass-through requirement , which compels PBMs to apply manufacturer rebates at the point of sale, reducing the patient's coinsurance or copayment. Any remaining rebate amounts must be remitted to the plan sponsor or the Secretary for subsidy-eligible individuals. PBMs are also required to submit annual reports certifying their compliance with these payment and rebate rules, and that they have not engaged in steering . The bill broadly defines "steering" to include directing enrollees to specific pharmacies, designing plans that require the use of affiliate pharmacies, or creating pharmacy networks that give preferential treatment, thereby restricting other in-network pharmacies. Similar requirements are extended to Medicaid, where contracts with PBMs or managed care entities must include provisions for fair pharmacy payments, a prohibition on steering, and the remittance of manufacturer rebates to the State. To enforce these new regulations, the bill establishes significant criminal and civil penalties for PBMs that knowingly and willfully violate the pharmacy payment requirements, engage in steering, or fail to comply with rebate pass-through mandates. Additionally, it enhances prescription drug transparency under Medicaid by expanding the scope of pharmacies required to participate in drug acquisition cost surveys and making this pricing information, including price concessions, publicly available.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 11, 2025
Introduced in House
Dec 11, 2025
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • December 11, 2025
    Introduced in House


  • December 11, 2025
    Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Jake Auchincloss

Jake Auchincloss

Democratic Representative

Massachusetts

Cosponsors (34)
Diana Harshbarger (Republican)Barry Moore (Republican)Celeste Maloy (Republican)Mark Pocan (Democratic)Christopher R. Deluzio (Democratic)Sanford D. Bishop (Democratic)Pete Sessions (Republican)Steve Cohen (Democratic)Scott H. Peters (Democratic)Earl L. "Buddy" Carter (Republican)Vicente Gonzalez (Democratic)Ro Khanna (Democratic)Nikki Budzinski (Democratic)Stephen F. Lynch (Democratic)Mike D. Rogers (Republican)Roger Williams (Republican)Suhas Subramanyam (Democratic)Morgan McGarvey (Democratic)Raja Krishnamoorthi (Democratic)Bruce Westerman (Republican)Charles J. "Chuck" Fleischmann (Republican)Betty McCollum (Democratic)Austin Scott (Republican)James Comer (Republican)Juan Ciscomani (Republican)Seth Moulton (Democratic)Russ Fulcher (Republican)Harold Rogers (Republican)Andrew S. Clyde (Republican)Rashida Tlaib (Democratic)Jack Bergman (Republican)Ayanna Pressley (Democratic)Robert B. Aderholt (Republican)Craig A. Goldman (Republican)

Ways and Means Committee, Energy and Commerce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted