AMAC Supports Bill Making Pharmacy Benefit Manager Practices More Transparent

September 11, 2024

The Honorable Jake Auchincloss
4th Congressional District of Massachusetts
1524 Longworth House Office Building
Washington, DC 20515

The Honorable Diana Harshbarger
1st Congressional District of Tennessee
167 Cannon House Office Building
Washington, DC 20515

Dear Representatives Auchincloss and Harshbarger,

On behalf of the over 2.1 million members of AMAC – Association of Mature American Citizens, I write to offer our support for H.R. 9096, the Pharmacists Fight Back Act.

AMAC Action has been very vocal on behalf of our members regarding the layers of anti-competitive business practices used by PBMs, including reducing market competition for drugs, using spread pricing to increase profits without lowering costs, using claw-backs that hurt independent community pharmacies, and shifting patients to costlier drugs. None of these practices are in the best interest of the patient.

The Pharmacists Fight Back Act proposes a transparent reimbursement model for federal programs including Medicare, that bans spread pricing and caps costs for patients. Additionally, the act prohibits PBMs from “steering” patients to specific pharmacies by allowing beneficiaries to use any in-network pharmacy. The bill also prohibits PBMs from requiring a beneficiary to use a branded drug when there is a less expensive generic alternative available, among other provisions.

Your bill also makes it a felony with a $1,000,000 fine for each infraction for any PBM that violates the act. It also empowers patients by allowing civil action to be taken against PBMs that breach provisions in this bill. This strong enforcement is a necessary component to bring PBM business practices in line with other free-market enterprises.

Thank you, Representatives Auchincloss and Harshbarger, for introducing H.R. 9096. We appreciate your effort to lower drug costs for America’s seniors and are pleased to offer our organization’s full support for the Pharmacists Fight Back Act.

Sincerely,

Bob Carlstrom
President
AMAC Action