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Republicans and Democrats have teamed up Tuesday to bring back a bill that could affect how employers' pharmacy benefit managers get paid.

Rep. Mariannette Miller-Meeks, R-Iowa, and colleagues introduced a version of the Delinking Revenue from Unfair Gouging Act bill, or DRUG Act bill, for the 119th Congress.

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The bill would limit a PBM working with a health coverage provider — including an employer's self-insured plan or a provider of fully insured group health coverage — charging flat fees for services.

A PBM's compensation could not be tied to the retail or wholesale prices of prescription drugs.

The new version of the bill has two Republican co-sponsors and three Democratic co-sponsors. It's under the jurisdiction of four House committees.

Miller-Meeks introduced the earlier version of the bill in November 2023, in the 118th Congress. Members of one House committee, the House Oversight and Accountability Committee, approved it by a 29-11 vote.

One of the original co-sponsors of the earlier version was Lori Chavez-DeRemer, who then was representing Oregon in the House as a Republican. The Senate confirmed Chavez-DeRemer's nomination to be the U.S. Labor secretary March 11.

The backdrop: PBMs, or companies that help health coverage providers manage prescription drug benefits, often get a percentage of any discounts or rebates they obtain.

The Pharmaceutical Care Management Association, the PBMs' trade group, says PBMs have succeeded at slowing growth in U.S. prescription drug spending to about the same rate as growth in other health care costs. The group says PBMs are under attack because other drug sector players are angry about their shrinking profit margins.

But PBM critics, including the CEO of Novo Nordisk, the maker of the weight-loss drug Wegovy, have suggested that linking PBMs' pay to the size of drug discounts encourages drug manufacturers to push up drugs' wholesale and retail prices.

For PBMs with discount-linked pay, higher retail prices create opportunities to negotiate bigger discounts and increase the PBMs' share of the discounts, the PBMs' critics say.

High retail prices may have little effect on what patients pay out of pocket for drugs covered by employer plans, but they hurt patients who are using cash from health savings accounts, flexible spending accounts or their own pockets to pay for drugs, the PBMs' critics say.

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Allison Bell

Allison Bell, a senior reporter at ThinkAdvisor and BenefitsPRO, previously was an associate editor at National Underwriter Life & Health. She has a bachelor's degree in economics from Washington University in St. Louis and a master's degree in journalism from the Medill School of Journalism at Northwestern University. She can be reached through X at @Think_Allison.