[Congressional Record Volume 158, Number 66 (Thursday, May 10, 2012)]
[Senate]
[Pages S3080-S3081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              PHARMACY COMPETITION AND CONSUMER CHOICE ACT

  Mr. WICKER. Mr. President, I rise in support of the Pharmacy 
Competition and Consumer Choice Act, S. 1058. In light of the Federal 
Trade Commission's recent decision to allow the merger of two Pharmacy 
Benefit Managers, creating the largest PBM in our nation, I call on my 
colleagues to join me in supporting this vital piece of legislation. 
The Pharmacy Competition and Consumer Choice Act, if enacted, would 
help protect patients and providers from soaring health-care costs and 
potentially anticompetitive conduct by PBMs, who are the middlemen in 
the prescription drug industry.
  Over the past several years, I have spoken with many of Mississippi's 
pharmacists who feel powerless against PBMs and their overreaching 
influence in their industry. In Mississippi, where over 1 million 
individuals live in rural, medically underserved areas, community 
pharmacists play a pivotal role in providing health care to patients. 
These pharmacists, often the only health-care providers in an area, 
develop trusting relationships with their customers and communities. 
This legislation will help level the playing field between community 
pharmacies and PBMs, while ensuring Americans have access to the 
providers of their choice.
  While a few States, such as my State of Mississippi, regulate the 
activities of PBMs, these powerful players in health care remain 
largely unregulated by the Federal Government. PBMs compete across 
state lines in our country, and this legislation would provide national 
anti-fraud oversight in each of our 50 States.
  The need for this legislation is clearer now than ever. With the 
upcoming merger, one company will control 40 percent of the market. As 
one FTC Commissioner appropriately stated, it will be a ``game 
changer.''
  I am an unyielding supporter of free markets, and I strongly believe 
this legislation would facilitate a more transparent, competitive, and 
fair marketplace for PBMs, pharmacies, providers, and patients. On 
behalf of the millions of Americans and businesses affected by the 
market practices of Pharmacy Benefit Managers, I urge my colleagues to 
pass the Pharmacy Competition and Consumer Choice Act.

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