S 1542 United States Senate · 118th Congress

DRUG Act

S 1542, the DRUG Act, prohibits pharmacy benefit managers (PBMs) from charging fees tied to drug prices or rebates for services provided to health plans or insurers, effective January 1, 2026. Instead, PBMs may only charge a fixed "flat service fee" agreed upon in writing, not linked to drug costs or patient usage. The bill also bans PBMs from reimbursing affiliated pharmacies more than independent ones, charging health plans different amounts than they pay pharmacies, or steering patients to affiliated pharmacies through higher out-of-pocket costs. Violations trigger $10,000 daily civil penalties enforced by the HHS Secretary with Labor and Treasury. This directly affects PBMs, health insurers, employer health plans, and pharmacies, aiming to reduce cost-shifting and promote fair reimbursement practices.
Bill status in committee 1 of 4 stages cleared
Introduction
May 2023
Committee Review
Floor Vote
President
Introduced May 10, 2023 Last action May 10, 2023
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Total actions
2
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0
Committee
1
May 10, 2023
Committee
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
May 10, 2023
Introduced
Introduced in Senate
upper
1 primary · 7 co-sponsors

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