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PBM FAIR Act

USA119th CongressS-3549| Senate 
| Updated: 12/17/2025
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (3)
Margaret Wood Hassan (Democratic)Tim Kaine (Democratic)Chuck Grassley (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation, known as the PBM FAIR Act, seeks to amend the Employee Retirement Income Security Act of 1974 (ERISA) by explicitly designating pharmacy benefit managers (PBMs) as fiduciaries for group health plans. Under this bill, an entity would be deemed a fiduciary if it maintains a prescription drug provider network or formulary, or engages in activities such as negotiating rebates, processing prescription drug claims, or performing utilization review on behalf of a group health plan. The bill further requires **compensation disclosures** from PBMs and third-party administrators, detailing both direct and indirect compensation received for their services. A significant provision prohibits PBMs, once deemed fiduciaries, from being **indemnified** or otherwise relieved from liability for any breaches of their ERISA duties. This aims to enhance accountability and transparency in the management of prescription drug benefits for employee health plans.
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Timeline
Dec 17, 2025
Introduced in Senate
Dec 17, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • December 17, 2025
    Introduced in Senate


  • December 17, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Related Bills

  • HR 119-6837: To amend the Employee Retirement Income Security Act of 1974 to ensure that pharmacy benefit managers are considered fiduciaries, and for other purposes.

PBM FAIR Act

USA119th CongressS-3549| Senate 
| Updated: 12/17/2025
This legislation, known as the PBM FAIR Act, seeks to amend the Employee Retirement Income Security Act of 1974 (ERISA) by explicitly designating pharmacy benefit managers (PBMs) as fiduciaries for group health plans. Under this bill, an entity would be deemed a fiduciary if it maintains a prescription drug provider network or formulary, or engages in activities such as negotiating rebates, processing prescription drug claims, or performing utilization review on behalf of a group health plan. The bill further requires **compensation disclosures** from PBMs and third-party administrators, detailing both direct and indirect compensation received for their services. A significant provision prohibits PBMs, once deemed fiduciaries, from being **indemnified** or otherwise relieved from liability for any breaches of their ERISA duties. This aims to enhance accountability and transparency in the management of prescription drug benefits for employee health plans.
View Full Text

Suggested Questions

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

Timeline
Dec 17, 2025
Introduced in Senate
Dec 17, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • December 17, 2025
    Introduced in Senate


  • December 17, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (3)
Margaret Wood Hassan (Democratic)Tim Kaine (Democratic)Chuck Grassley (Republican)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • HR 119-6837: To amend the Employee Retirement Income Security Act of 1974 to ensure that pharmacy benefit managers are considered fiduciaries, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted