[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3223 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3223
To require the Comptroller General of the United States to study the
role pharmacy benefit managers play in the pharmaceutical supply chain
and to provide Congress with appropriate policy recommendations, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 12, 2019
Mr. Marshall (for himself, Mr. Welch, Mr. Carter of Georgia, and Mr.
Gonzalez of Texas) introduced the following bill; which was referred to
the Committee on Energy and Commerce
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A BILL
To require the Comptroller General of the United States to study the
role pharmacy benefit managers play in the pharmaceutical supply chain
and to provide Congress with appropriate policy recommendations, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Benefit Manager
Accountability Study Act of 2019''.
SEC. 2. STUDY BY COMPTROLLER GENERAL OF UNITED STATES.
(a) In General.--The Comptroller General of the United States
shall, in consultation with appropriate stakeholders, conduct a study
on the role of pharmacy benefit managers with respect to federally
facilitated Exchanges operated pursuant to section 1321(c) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)).
(b) Permissible Examination.--In conducting the study required
under subsection (a), the Comptroller General may examine various
qualitative and quantitative aspects of the role of pharmacy benefit
managers with respect to federally facilitated Exchanges described in
such subsection, such as the following:
(1) The role that pharmacy benefit managers play in the
pharmaceutical supply chain of such Exchanges.
(2) The state of competition among pharmacy benefit
managers on such Exchanges, including the market share for the
Nation's largest pharmacy benefit managers.
(3) The use of rebates and fees by pharmacy benefit
managers with respect to such Exchanges, including--
(A) the extent to which rebates are passed on to
qualified health plans offered on such Exchanges and
whether such rebates are passed on to individuals
enrolled in such plans;
(B) the extent to which rebates are kept by such
pharmacy benefit managers; and
(C) the role of any fees charged by such pharmacy
benefit managers.
(4) Whether pharmacy benefit managers structure their
formularies with respect to such Exchanges in favor of high-
rebate prescription drugs over lower-cost, lower-rebate
alternatives.
(5) The average prior authorization approval time for
pharmacy benefit managers with respect to such Exchanges.
(6) Factors affecting the use of step therapy by pharmacy
benefit managers with respect to such Exchanges.
(7) The extent to which the price that pharmacy benefit
managers charge private payors on such Exchanges for a drug is
more than such pharmacy benefit managers pay the pharmacy for
the drug.
(c) Report.--Not later than the date that is three years after the
date of enactment of this Act, the Comptroller General shall submit to
the Secretary of Health and Human Services, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives a report containing
the results of the study conducted under subsection (a), including
policy recommendations.
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