Lexology February 27, 2025
In December 2024, the unlikely pairing of Sen. Elizabeth Warren, D-Mass. and Sen. Josh Hawley, R-Mo. introduced a bipartisan bill entitled the Patients Before Monopolies Act. Reps. Diana Harshbarger, R-Tenn, and Jake Auchincloss, D-Mass., introduced the same bill in the House. However, the bill died at the close of the final session for Congress on January 3, 2025. With the change in administration, it is unclear whether Congress will take up the same or a similar bill, although both parties agree that PBMs must be regulated.
The bill directly struck the three big pharmacy benefit managers (PBM): Cigna’s Express Scripts business, CVS Health’s Caremark, and UnitedHealth’s OptumRx. It banned anyone from simultaneously owning a pharmacy and an insurance company or...
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