[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4509 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4509

 To prohibit pharmacy benefit managers and pharmacies from being under 
               common ownership, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2026

 Ms. Warren (for herself, Mr. Hawley, Mr. Fetterman, and Mr. Marshall) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit pharmacy benefit managers and pharmacies from being under 
               common ownership, 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 ``Patients Before Monopolies Act'' or 
the ``PBM Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Pharmacy benefit managers are corporate entities that 
        play a dominant role in pharmaceutical supply chains, 
        determining which drugs health plans will cover for enrollees, 
        what prices patients and health plans will pay for those drugs, 
        and how much health plans will reimburse pharmacies for 
        dispensing them.
            (2) The market for pharmacy benefit manager services has 
        become highly concentrated. As of 2025, the 6 largest pharmacy 
        benefit managers are each integrated into large health care 
        conglomerates that include downstream businesses such as 
        retail, mail order, and specialty pharmacies. These 
        conglomerates also processed more than 90 percent of the 
        prescriptions in the United States in 2023.
            (3) The 3 largest pharmacy benefit managers are also 
        vertically integrated into health care platforms that include 
        both upstream business lines, like health insurance, and 
        downstream suppliers, like pharmacies and providers.
            (4) The Federal Trade Commission has found that vertically 
        integrated pharmacy benefit managers have both the ability and 
        incentive to steer business to their own affiliated pharmacies, 
        which reduces competition and increases prescription drug costs 
        for patients.
            (5) Pharmacy benefit managers increasingly leverage their 
        market power to pressure smaller, unaffiliated, independent 
        pharmacies to enter into unfavorable contracts with the largest 
        pharmacy benefit managers. This dynamic has likely contributed 
        to the closure of more than 7,000 pharmacies between 2019 and 
        2024.
            (6) Self-preferencing of affiliated pharmacies may also 
        allow large, vertically integrated health conglomerates to 
        evade statutory limits on profits known as the Medical Loss 
        Ratio. Gaming of the profit constraint using transfer pricing 
        techniques may allow affiliated health insurance businesses to 
        hide profits in the unregulated pharmacy business segment, 
        costing enrollees and taxpayers money.
            (7) Pursuant to its powers under article I, section 8, of 
        the United States Constitution, Congress has the ability to 
        create any law necessary and appropriate to regulate interstate 
        commerce. As pharmacy benefit managers are part of large, 
        national health conglomerates that operate across state lines, 
        and engage in intrastate activities that also substantially 
        relate to interstate commerce, Congress intends to regulate 
        pharmacy benefit managers in the public interest.
            (8) In order to eliminate the conflicts of interest 
        described in paragraphs (1) through (7) and restore competition 
        to the marketplace, the Federal Government should--
                    (A) protect patients, independent pharmacies, and 
                taxpayers by structurally separating vertically 
                integrated health conglomerates;
                    (B) require parent companies that own a pharmacy 
                benefit manager or insurer to divest their pharmacy 
                businesses;
                    (C) enable Federal agencies, state attorneys 
                general, and private citizens to bring civil actions to 
                enforce the structural separation of these companies; 
                and
                    (D) grant the Federal Trade Commission and 
                Department of Justice additional authority to review 
                and block future transactions that would re-create 
                these conflicts of interest.

SEC. 3. PROHIBITIONS RELATING TO ANTICOMPETITIVE PHARMACY OWNERSHIP AND 
              CONTRACTS.

    (a) Prohibition on Pharmacy Ownership by Entities Providing 
Insurance or Pharmacy Benefit Management Services.--
            (1) In general.--It shall be unlawful for any person to 
        both--
                    (A) directly or indirectly own, operate, control, 
                or direct the operation of the whole or any part of a 
                pharmacy; and
                    (B) directly or indirectly own, operate, or control 
                the whole or any part of--
                            (i) an insurance company; or
                            (ii) a pharmacy benefit manager.
            (2) Divestment.--Not later than 1 year after the date of 
        enactment of this Act, any person in violation of paragraph (1) 
        shall divest the pharmacy of such person.
    (b) Antitrust Enforcement.--
            (1) In general.--Both the Federal Trade Commission and the 
        Assistant Attorney General in charge of the Antitrust Division 
        shall have jurisdiction, jointly or separately, to enforce this 
        section.
            (2) Penalties for failure to divest.--
                    (A) Guidance.--Not later than 30 days after the 
                date of enactment of this Act, the Chair of the Federal 
                Trade Commission and the Assistant Attorney General in 
                charge of the Antitrust Division shall issue guidance 
                specifying milestones for divestment within the 
                deadline under subsection (a)(2).
                    (B) Penalties.--
                            (i) In general.--For any person that does 
                        not comply with the milestones specified under 
                        subparagraph (A), the Chair of the Federal 
                        Trade Commission or the Assistant Attorney 
                        General in charge of the Antitrust Division 
                        shall cause 10 percent of the profits of the 
                        person to be transferred into escrow on a 
                        monthly basis, to be--
                                    (I) returned to the person if 
                                divestment occurs by the deadline under 
                                subsection (a)(2); or
                                    (II) deposited into the fund 
                                described in subsection (c)(7) if 
                                divestment does not occur by the 
                                deadline under subsection (a)(2).
                    (C) Trustee.--If divestiture does not occur by the 
                deadline under subsection (a)(2), a divestiture trustee 
                shall oversee the divestiture required under that 
                paragraph. The divestiture trustee shall have the 
                authority to sell the pharmacy.
    (c) Civil Actions.--
            (1) In general.--When the Inspector General of the 
        Department of Health and Human Services, the Assistant Attorney 
        General in charge of the Antitrust Division of the Department 
        of Justice, the Federal Trade Commission, or an attorney 
        general of a State has reason to believe that a person is in 
        violation of subsection (a), such Inspector General, Assistant 
        Attorney General, Federal Trade Commission or attorney general 
        of a State may bring a civil action in an appropriate district 
        court of the United States.
            (2) Private right of action.--
                    (A) In general.--An individual alleging damages as 
                a result of a violation of this Act may bring a civil 
                action in any court of competent jurisdiction, State or 
                Federal.
                    (B) Relief.--In a civil action brought under 
                subparagraph (A) in which the plaintiff prevails, the 
                court may award--
                            (i) treble damages;
                            (ii) reasonable attorney's fees and 
                        litigation costs; and
                            (iii) any other relief, including equitable 
                        or declaratory relief, that the court 
                        determines appropriate.
            (3) Actions by state attorneys general.--If the attorney 
        general of a State has reason to believe that an interest of 
        the residents of the State has been or is being threatened or 
        adversely affected by a practice that violates subsection (a), 
        the attorney general of the State may, as parens patriae, bring 
        a civil action on behalf of the residents of the State in an 
        appropriate district court of the United States to obtain 
        appropriate relief, including monetary damages.
            (4) Injunctive and equitable relief.--In any action 
        described in paragraph (1), (2), or (3), the applicable court, 
        on a finding that a person is in violation of subsection (a), 
        shall issue an order requiring such person--
                    (A) to cease and desist from such violation, and, 
                if applicable, divest the pharmacy services of such 
                person; and
                    (B) to disgorge any revenue received from the 
                pharmacy from the sale of prescription drugs during the 
                period of such violation.
            (5) Other relief.--In addition to any relief obtained under 
        paragraph (1), (2), or (3), the court may grant any other 
        equitable relief necessary to redress and prevent recurrence of 
        the violation.
            (6) Right to jury trial.--Either party, upon request, shall 
        have the right to a jury trial.
            (7) Deposit.--Any revenue received from the sale of 
        prescription drugs disgorged pursuant to an action under 
        paragraph (1) shall be deposited in a fund created by the 
        Federal Trade Commission and distributed by the Federal Trade 
        Commission to be put to use in the interest of serving the 
        health care needs of the harmed community, including consumers 
        overcharged at vertically integrated pharmacies.
    (d) FTC and DOJ Review.--
            (1) Reporting required.--Any divestment of a pharmacy or 
        pharmacy benefit manager required under subsection (a) shall be 
        reported to the Federal Trade Commission and the Assistant 
        Attorney General in charge of the Antitrust Division of the 
        Department of Justice under section 7A of the Clayton Act (15 
        U.S.C. 18a) without respect to the thresholds under subsection 
        (a)(2) of that section.
            (2) Tolling of divestment period during review.--The 
        divestment period under subsection (a) shall be tolled during 
        the pendency of any waiting period required under section 7A of 
        the Clayton Act (15 U.S.C. 18a).
            (3) Review of effect of divestiture.--With respect to each 
        divestiture undertaken pursuant to subsection (a), in addition 
        to any applicable review under section 7A of the Clayton Act 
        (15 U.S.C. 18a), the Federal Trade Commission and the Assistant 
        Attorney General in charge of the Antitrust Division of the 
        Department of Justice shall review the effect on competition, 
        financial viability, and the public interest--
                    (A) of the divestiture; and
                    (B) of the subsequent acquisition of the divested 
                pharmacy by the acquiring person.
            (4) Blocking of actions.--The Federal Trade Commission and 
        the Assistant Attorney General in charge of the Antitrust 
        Division of the Department of Justice, jointly or separately, 
        may bring a civil action in any court of competent jurisdiction 
        to block any action that would harm competition to the 
        detriment of the public interest with respect to the conflicts 
        of interest described in subsection (a).
    (e) Rulemaking Authority.--The Federal Trade Commission shall 
promulgate rules to carry out this section. Such rules shall not 
diminish any obligation under this section.
    (f) Reports Required.--The Chair of the Federal Trade Commission 
and the Assistant Attorney General in charge of the Antitrust Division 
of the Department of Justice shall submit to the appropriate 
congressional committees quarterly reports on compliance with this Act, 
including the status of any divestitures required under this Act.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the Federal Trade Commission, the 
Inspector General of the Department of Justice, the Department of 
Health and Human Services, or the attorney general of a State under any 
other provision of law.
    (h) Severability.--If any provision of this Act or the application 
thereof to any person or circumstance is held invalid, the remainder of 
this Act, or the application of that provision to persons or 
circumstances other than those as to which it is held invalid, shall 
not be affected thereby.
    (i) Definitions.--In this section:
            (1) Health plan.--The term ``health plan'' means any public 
        or private health insurance plan.
            (2) Person.--The term ``person'' has the meaning given the 
        term in section 8 of the Sherman Act (15 U.S.C. 7).
            (3) Pharmacy.--
                    (A) In general.--The term ``pharmacy'' means any 
                person, business, or entity licensed, registered, or 
                otherwise permitted by a State or a territory of the 
                United States to dispense, deliver, or distribute a 
                controlled substance, prescription drug, or other 
                medication--
                            (i) to the general public; or
                            (ii) to a bed patient for immediate 
                        administration.
                    (B) Inclusions.--The term ``pharmacy'' includes--
                            (i) a mail-order pharmacy;
                            (ii) a specialty pharmacy;
                            (iii) a retail pharmacy;
                            (iv) a nursing home pharmacy;
                            (v) a long-term care pharmacy;
                            (vi) a hospital pharmacy;
                            (vii) an infusion or other outpatient 
                        treatment pharmacy;
                            (viii) any organization the National 
                        Provider Identifier (NPI) registration of which 
                        has 1 or more taxonomy codes under the pharmacy 
                        section of the National Uniform Claim Committee 
                        (or a subsequent organization); and
                            (ix) any other type of pharmacy.
            (4) Pharmacy benefit manager.--The term ``pharmacy benefit 
        manager'' means any person, business, or other entity, such as 
        a third-party administrator, regardless of whether such person, 
        business, or entity identifies itself as a pharmacy benefit 
        manager, that, either directly or indirectly through an 
        intermediary (including an affiliate, subsidiary, or agent) or 
        an arrangement with a third party--
                    (A) acts as a negotiator of prices, rebates, fees, 
                or discounts for prescription drugs on behalf of a 
                health plan or health plan sponsor;
                    (B) contracts with pharmacies to create pharmacy 
                networks and designs and manages such networks; or
                    (C) manages or administers the prescription drug 
                benefits provided by a health plan, including the 
                processing and payment of claims for prescription 
                drugs, arranging alternative access to or funding for 
                prescription drugs, the performance of utilization 
                management services, including drug utilization review, 
                the processing of drug prior authorization requests, 
                the adjudication of appeals or grievances related to 
                the prescription drug benefit, contracting with network 
                pharmacies, controlling the cost of covered 
                prescription drugs, or the provision of related 
                services.
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