Legis Daily

PBM Act

USA119th CongressS-4509| Senate 
| Updated: 5/13/2026
Elizabeth Warren

Elizabeth Warren

Democratic Senator

Massachusetts

Cosponsors (3)
Roger Marshall (Republican)John Fetterman (Democratic)Josh Hawley (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to prevent conflicts of interest and promote competition in the pharmaceutical supply chain by prohibiting common ownership between pharmacy benefit managers (PBMs) or insurance companies and pharmacies. It mandates that any entity currently in violation must divest its pharmacy holdings within one year of the bill's enactment. The bill's findings highlight that vertical integration allows PBMs to self-preference affiliated pharmacies, leading to reduced competition, increased drug costs for patients, and potential evasion of profit limits. To ensure compliance, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) are granted joint or separate jurisdiction for enforcement. Non-compliance with divestment milestones can result in 10 percent of a person's profits being transferred into escrow monthly, potentially leading to forced divestiture by a trustee. The bill also establishes a private right of action for individuals harmed by violations, allowing them to seek treble damages and other relief, while state attorneys general can bring civil actions on behalf of their residents. The FTC and DOJ will also review all divestitures and retain authority to block future actions that could re-create these anti-competitive conflicts.
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Timeline

Bill from Previous Congress

S 118-5503
PBM Act

Bill from Previous Congress

S 118-1967
PBM Act
May 13, 2026

Latest Companion Bill Action

HR 119-8779
Introduced in House
May 13, 2026
Introduced in Senate
May 13, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-5503
    PBM Act


  • Bill from Previous Congress

    S 118-1967
    PBM Act


  • May 13, 2026

    Latest Companion Bill Action

    HR 119-8779
    Introduced in House


  • May 13, 2026
    Introduced in Senate


  • May 13, 2026
    Read twice and referred to the Committee on the Judiciary.

Health

Related Bills

  • HR 119-8779: PBM Act

PBM Act

USA119th CongressS-4509| Senate 
| Updated: 5/13/2026
This legislation aims to prevent conflicts of interest and promote competition in the pharmaceutical supply chain by prohibiting common ownership between pharmacy benefit managers (PBMs) or insurance companies and pharmacies. It mandates that any entity currently in violation must divest its pharmacy holdings within one year of the bill's enactment. The bill's findings highlight that vertical integration allows PBMs to self-preference affiliated pharmacies, leading to reduced competition, increased drug costs for patients, and potential evasion of profit limits. To ensure compliance, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) are granted joint or separate jurisdiction for enforcement. Non-compliance with divestment milestones can result in 10 percent of a person's profits being transferred into escrow monthly, potentially leading to forced divestiture by a trustee. The bill also establishes a private right of action for individuals harmed by violations, allowing them to seek treble damages and other relief, while state attorneys general can bring civil actions on behalf of their residents. The FTC and DOJ will also review all divestitures and retain authority to block future actions that could re-create these anti-competitive conflicts.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 118-5503
PBM Act

Bill from Previous Congress

S 118-1967
PBM Act
May 13, 2026

Latest Companion Bill Action

HR 119-8779
Introduced in House
May 13, 2026
Introduced in Senate
May 13, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-5503
    PBM Act


  • Bill from Previous Congress

    S 118-1967
    PBM Act


  • May 13, 2026

    Latest Companion Bill Action

    HR 119-8779
    Introduced in House


  • May 13, 2026
    Introduced in Senate


  • May 13, 2026
    Read twice and referred to the Committee on the Judiciary.
Elizabeth Warren

Elizabeth Warren

Democratic Senator

Massachusetts

Cosponsors (3)
Roger Marshall (Republican)John Fetterman (Democratic)Josh Hawley (Republican)

Judiciary Committee

Health

Related Bills

  • HR 119-8779: PBM Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted