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Just five months ago, we wrote about state legislators’ growing interest in pharmacy benefit managers.
The issue is vital, as pharmacy benefit managers, also known as PBMs, contract with health insurers and employers to manage the prescription drug benefits of millions of Americans.
Legislators’ interest has not waned, as early into a new year of lawmaking, PBMs remain a popular topic for newly introduced bills.
Since the beginning of November 2024, at least 34 measures dealing substantively with PBMs have been prefiled or introduced for the 2025 legislative session in 12 states, according to data from LexisNexis® State Net®. They include:
Indeed, the PBM SmithRx recently wrote on its website: “The pharmacy benefits management...landscape is changing as employers, insurers, and policymakers push for more transparency, cost-effectiveness, and better overall outcomes.”
In that same article, SmithRx identified four PBM trends in 2025:
“As we move into 2025,” SmithRx wrote, “the PBM landscape is poised for significant change. With a growing focus on transparency, patient outcomes, and specialty medications, the PBM model of the future will be more accountable, cost-effective, and aligned with the needs of employers and their employees. The adoption of value-based contracts and increased regulatory scrutiny will continue to shape the industry, ensuring that PBMs provide value beyond just negotiating drug prices.”
Since early November of last year, legislation focusing on PBMs has been prefiled or introduced for the 2025 legislative session in at least 12 states, according to LexisNexis® State Net® data.
Just a few weeks into 2025, PBMs have made headlines multiple times. U.S. Sens. Elizabeth Warren (D-MA) and Josh Hawley (R-MO), along with Reps. Jack Auchincloss (D-MA) and Diana Harshbarger (R-TN) have asked the Federal Trade Commission to issue a second interim report on its investigation into PBMs, which began in 2022.
In Mississippi, the PBM OptumRx has sued the state Board of Pharmacy, alleging that the government body violated the company’s right to due process when it released the findings of an audit before wrongdoing was found. The audit by the board found that the PBM may have violated Mississippi law by paying independent pharmacies at lower rates than chains and Optum-affiliated pharmacies for the same medications in 2022.
The new president of the American College of Rheumatology, Dr. Carol Langford, said reforming PBMs’ behaviors and roles in determining how patients will have access to medications will remain a top priority for ACR.
“Patients are making sacrifices to afford their medication, are unable to get approval for the drugs prescribed by their doctor, and often have to modify the use of their medication or skip doses because of barriers to accessing their medications,” Langford said, according to the media company Healio.
Don’t be surprised if we write about PBMs another time or two this year. They’re sure to be a priority for legislators for a while to come.
—By SNCJ Correspondent BRIAN JOSEPH
Visit our webpage to connect with a LexisNexis® State Net® representative and learn how the State Net legislative and regulatory tracking service can help you identify, track, analyze and report on relevant legislative and regulatory developments.
* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.