An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients

Health Care Costs and Drug PricingHouse Energy and Commerce Subcommittee on Health · February 26, 2025 · 119th Congress
The House Energy and Commerce Subcommittee on Health held this hearing to examine how pharmacy benefit managers (PBMs) affect drug pricing, independent pharmacy viability, and patient access, building on bipartisan PBM reforms — including Medicare Part D delinking, commercial market transparency, and a Medicaid spread-pricing ban — that were negotiated last Congress but dropped from the December 2024 continuing resolution. Begins at ▶ 0:08:14
Transcript
Highlights

Title

House Hearing on Curbing PBM Practices to Lower Drug Costs

Purpose

The House Energy and Commerce Subcommittee on Health held this hearing to examine how pharmacy benefit managers (PBMs) affect drug pricing, independent pharmacy viability, and patient access, building on bipartisan PBM reforms — including Medicare Part D delinking, commercial market transparency, and a Medicaid spread-pricing ban — that were negotiated last Congress but dropped from the December 2024 continuing resolution. Witnesses from an independent pharmacy, an employer purchasing coalition, a consumer advocacy group, and the Brookings Institution testified on rebate structures, vertical integration, and formulary steering, while Democrats also used the hearing to press concerns about proposed Medicaid cuts. Begins at▶ 0:08:14

Who spoke

• Chairman Buddy Carter (R-GA), Subcommittee Chair▶ 0:08:14: Opened by describing a 16-year-old Georgia patient denied a drug by CVS Caremark▶ 0:08:44; cited the top three PBMs controlling over 80% of the market▶ 0:09:45, a Mississippi audit showing Optum paying its own stores 22 times more than independent pharmacies▶ 0:10:15, and an OPM audit finding Express Scripts overcharged the USPS health plan by $45 million▶ 0:11:46; later highlighted a Peridon example where CMS paid $8,000+ over the $200 unsubsidized price▶ 0:49:07.

• Rep. Diana DeGette (D-CO), Ranking Member▶ 0:13:16: Said bipartisan PBM reforms were dropped from the CR "at the behest of Elon Musk"▶ 0:14:47, entered a 17-page list of stalled bipartisan health provisions into the record▶ 0:15:47, and pressed Chairman Carter on bringing a combined PBM/Medicaid-extenders bill to the floor via suspension before the March 15 deadline▶ 0:17:48.

• Chairman Brett Guthrie (R-KY), Full Committee Chair▶ 0:18:18: Cited GAO findings that for 79 of the 100 most-rebated Medicare drugs, seniors paid substantially more than their Part D plans▶ 0:20:49; noted over 26,000 pharmacy closures in 15 years▶ 0:20:19.

• Rep. Neal Dunn (R-FL), Vice Chair▶ 0:21:20: Voiced support for prohibiting Medicaid spread pricing and delinking PBM compensation from list price▶ 0:21:20.

• Rep. Frank Pallone (D-NJ), Ranking Member, Full Committee▶ 0:22:20: Argued Republicans' budget resolution directs at least $880 billion in cuts likely from Medicaid, potentially closer to $1 trillion over 10 years▶ 0:22:50; blamed Speaker Johnson for reneging on the PBM deal after Musk's opposition▶ 0:24:52.

• Hugh Chancy, RPh, Pharmacist/Owner, Chancy Drugs▶ 0:27:53: Described his family's pharmacy since 1966▶ 0:28:23; cited FTC findings that PBM steering to affiliated specialty pharmacies generated $7.3 billion in revenue▶ 0:29:23; said eliminating spread pricing saved West Virginia $54.4 million and North Dakota $17 million in Medicaid▶ 0:29:54; detailed a patient billed $400 by a PBM for a prescription that cost the plan $135▶ 0:53:40; said 24% of his prescriptions are reimbursed below acquisition cost▶ 2:22:26.

• Shawn Gremminger, MPH, President/CEO, National Alliance of Healthcare Purchaser Coalitions▶ 0:33:58: Testified 89% of employers in a National Alliance survey of 188 employers support PBM reform▶ 0:36:59; said major PBMs refuse to disclose claims-level rebate data even to a 200,000-life plan sponsor▶ 0:36:59; explained group purchasing organizations (GPOs) are often PBM-owned entities used to obscure rebate flows▶ 1:58:45.

• Anthony Wright, Executive Director, Families USA▶ 0:38:31: Cited an estimated 125,000 deaths annually from cost-related medication non-adherence▶ 0:39:31; shared his mother's experience as a diabetic/cancer patient relying on a small Bronx pharmacy▶ 0:41:02; warned Medicaid cuts would compound any PBM-reform benefits▶ 0:42:33.

• Dr. Matthew Fiedler, PhD, Brookings Institution▶ 0:44:04: Said the three largest PBMs control almost four-fifths of the market▶ 0:44:04; estimated CBO scored transparency provisions as reducing PBM revenue by roughly $200 million a year against $18 billion in PBM pre-tax profits in 2022▶ 0:45:05; cautioned that delinking or banning spread pricing carries tradeoffs and may not directly cut drug prices▶ 0:45:35; later estimated states would need $40–50 billion a year to replace lost enhanced Medicaid expansion match▶ 1:06:46.

• Rep. Raul Ruiz (D-CA)▶ 1:15:20: Described patients unable to afford prescriptions as an ER physician▶ 1:15:50; noted 42.1% of his constituents rely on Medicaid▶ 1:18:52.

• Rep. Morgan Griffith (R-VA)▶ 1:21:24: Discussed his Fairness for Patient Medications Act (HR 3285) barring copays above negotiated price▶ 1:21:54; referenced a constituent charged more through insurance than cash price pre-2018 Virginia gag-clause reform▶ 1:23:55.

• Rep. Debbie Dingell (D-MI)▶ 1:25:56: Promoted her "No PBMs Act"▶ 1:28:26; described a personal inhaler-access problem caused by pharmacy network restrictions▶ 1:30:28.

• Rep. Bill Rakes (R-FL)▶ 1:32:00: Highlighted Florida's "any willing pharmacy" law▶ 1:32:30; cited an example of a PBM forcing a prescription transfer from Chancy Drugs to Walgreens▶ 1:33:00.

• Rep. Robin Kelly (D-IL)▶ 1:38:33: Noted Medicaid covers 4 in 10 U.S. births▶ 1:39:34; cited Illinois figures of 2.4 million Medicaid enrollees▶ 1:41:35.

• Rep. John Joyce (R-PA)▶ 1:44:07: Asked about value-based purchasing models tying payment to clinical value▶ 1:47:39.

• Rep. Kim Schrier (D-WA)▶ 1:48:33: Warned rural hospitals could lose obstetrics services under Medicaid cuts▶ 1:52:11.

• Rep. Max Miller (R-OH)* — *(none found; not present — omit if inaccurate)*

• Rep. Troy Balderson (R-OH)▶ 1:54:42: Cited a 2018 Ohio Medicaid audit finding $224 million in PBM spread-pricing overcharges▶ 1:55:12; noted 16 states have since banned spread pricing▶ 1:55:43.

• Rep. Lizzie Fletcher (D-TX)▶ 1:59:45: Emphasized Medicaid covers 50% of Texas births▶ 2:03:17.

• Rep. Diana Harshbarger (R-TN)▶ 2:05:18: A pharmacist by training, ran a rapid "yes/no" line of questioning on spread pricing, patient steering, and NADAC-based reimbursement with Chancy and Gremminger▶ 2:07:18.

• Rep. Jake Auchincloss (D-MA)▶ 2:11:51: Pressed Fiedler on tensions between defending rebates and promoting PBM competition▶ 2:12:21; raised biosimilar market distortion from rebate-driven dual pricing (e.g., Humira)▶ 2:16:23.

• Rep. Mariannette Miller-Meeks (R-IA)▶ 2:17:54: Described her "Share the Savings with Seniors Act" and prior state-level PBM reform efforts▶ 2:18:24; cited over 200 Iowa pharmacy closures since 2014▶ 2:19:24.

• Rep. Alexandria Ocasio-Cortez (D-NY)▶ 2:23:26: Noted the December 2024 PBM deal had near-unanimous bipartisan support before collapsing after Musk's tweets▶ 2:25:57; played/referenced Musk's December 31 "what is a pharmacy benefit manager" post▶ 2:27:18.

• Chairman Buddy Carter (self-recognized questioning round)▶ 2:28:19: Noted Oregon ranks second-to-last nationally for pharmacy access, with 36 pharmacy closures in 2024▶ 2:28:49.

• Rep. Vicente Gonzalez (D-TX)▶ 2:33:51: Connected Medicaid's role in maternal mortality to PBM reform debate▶ 2:36:23.

• Rep. Craig Goldman (R-TX)▶ 2:38:24: Asked about list-vs-net price dynamics and formulary distortion▶ 2:38:54.

• Rep. Greg Landsman (D-OH)▶ 2:43:27: Urged forcing a floor vote via discharge petition if needed▶ 2:46:30.

• Rep. John James (R-MI)▶ 2:48:30: Cited a Michigan study finding PBMs overcharged the state's Medicaid program by at least $64 million through spread pricing▶ 2:51:02; played a clip of President Trump pledging not to touch Medicare, Medicaid, or Social Security▶ 2:49:01.

• Rep. Herb Conaway (D-NJ)* — not confirmed by name in transcript; described only as "representative King from New Jersey" per chair's introduction▶ 2:54:35: Cited a New York Times story on a New Jersey patient charged $186 versus $56 at Costco for the same prescription▶ 2:54:35.

• Rep. Ashley Trahan (D-MA)▶ 2:59:37: Discussed her Accelerating Kids' Access to Care Act and its pairing with a Medicaid spread-pricing ban▶ 3:00:37.

• Rep. Kathy Castor (D-FL)▶ 3:04:39: Cited CBO findings that childhood Medicaid coverage boosts future earnings and productivity▶ 3:07:40.

Key moments

• Chairman Carter said Optum reimburses its own pharmacies up to 22 times more than independent pharmacies for the same drug, per a Mississippi audit▶ 0:10:15.

• Chancy testified that eliminating spread pricing saved West Virginia $54.4 million and North Dakota $17 million in Medicaid, while Kentucky identified $123 million in spread pricing and Ohio's auditor found over $224 million▶ 0:29:54.

• Fiedler estimated PBM transparency provisions would reduce PBM revenue by only about $200 million a year against $18 billion in 2022 PBM pre-tax profits, calling likely savings "relatively modest"▶ 0:45:05.

• Gremminger said 89% of employers surveyed by the National Alliance support PBM reform, and that a 200,000-life plan sponsor's RFP request for claims-level rebate data was refused by all major PBMs▶ 0:36:59.

• Rep. Dunn cited FTC data showing PBM-affiliated pharmacies were reimbursed 40 times the national drug acquisition cost for generic Gleevec commercially, and 36 times higher under Part D, versus unaffiliated pharmacies▶ 1:12:19.

• Multiple Democrats (DeGette, Pallone, Ocasio-Cortez) said Elon Musk's social media opposition caused Republicans to strip bipartisan PBM reforms from the December 2024 continuing resolution; Ocasio-Cortez noted Musk posted "what is a pharmacy benefit manager?" days after killing the bill▶ 2:27:18.

• Rep. Balderson cited a 2018 Ohio Medicaid audit finding PBMs overcharged the state $224 million through spread pricing, prompting Ohio to become the first state to ban the practice▶ 1:55:12.

• Chancy said 24% of his dispensed prescriptions are reimbursed below his acquisition cost under Georgia's state health plan (CVS Caremark)▶ 2:22:26.

• Rep. James played a recorded statement from President Trump pledging not to cut Social Security, Medicare, or Medicaid, prompting an objection from a Democratic member before James used it to rebut "fear-mongering"▶ 2:49:01.

• Fiedler estimated that eliminating the enhanced federal Medicaid expansion match would require states to find $40–50 billion a year, likely forcing many to drop expansion coverage for roughly 14 million people▶ 1:06:46.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Health
Chamber / CongressHouse · 119th Congress
DateFebruary 26, 2025
TypeHearing
Witnesses
Dr. Matthew Fiedler, PhD — Joseph A. Pechman Senior Fellow, Center on Health Policy, Brookings Institution
Mr. Hugh Chancy, RPh — Pharmacist and Owner, Chancy Drugs
Mr. Shawn Gremminger, MPH — President and CEO, National Alliance of Healthcare Purchaser Coalitions
Mr. Anthony Wright — Executive Director, Families USA
Videoyoutube
Transcript365 caption blocks · 31,048 words · 3:12:49 runtime
EventCongress.gov 117934