What does Preamble of PBM Act do?

This bill aims to prohibit pharmacy benefit managers and pharmacies from being under common ownership. The bill is formally titled 'To prohibit pharmacy benefit managers and pharmacies from being under common ownership, and for other purposes.'

What does SHORT TITLE. of PBM Act do?

This bill is formally titled the Patients Before Monopolies Act or the PBM Act.

What does FINDINGS. of PBM Act do?

Congress finds pharmacy benefit managers play a dominant role in pharmaceutical supply chains The market for pharmacy benefit manager services is highly concentrated Vertically integrated pharmacy benefit managers can steer business to affiliated pharmacies, reducing competition Congress intends to regulate pharmacy benefit managers in the public interest Proposed solutions include structurally separating health conglomerates and enabling civil actions

What does PROHIBITIONS RELATING TO ANTICOMPETITIVE PHARMACY OWNERSHIP AND of PBM Act do?

This section prohibits entities from both owning a pharmacy and owning or controlling an insurance company or pharmacy benefit manager. Entities in violation of the prohibition must divest the pharmacy within one year of the Act's enactment. The Federal Trade Commission and the Assistant Attorney General for the Antitrust Division have jurisdiction to enforce this section. Guidance specifying divestment milestones will be issued within 30 days of enactment. Failure to meet divestment milestones may result in 10% of profits being placed in escrow. A civil action may be brought by the Inspector General of HHS, the Assistant Attorney General, the FTC, or a state attorney general. Individuals can bring a civil action alleging damages from a violation, potentially receiving treble damages and attorney's fees. The FTC and DOJ will review divestitures to assess their effect on competition and the public interest. The FTC is authorized to promulgate rules to carry out this section.

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PBM Act

Last updated: 5/13/2026 · Introduced: 5/13/2026

Author: Diana Harshbarger (R-TN)

TL;DR (AI)

The bill prohibits entities from owning both a pharmacy and a pharmacy benefit manager or insurance company, requiring divestment within one year of enactment.
Entities that fail to meet divestment milestones may face penalties, including placement of 10% of profits in escrow and potential civil actions.
Individuals affected by violations of the prohibition may bring civil actions to recover damages, potentially receiving treble damages and attorney's fees.

119th Congressin committeeS. 4509(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

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