The Committee on Energy and Commerce is the oldest standing legislative committee (established 1795) in the U.S. House of Representatives and is vested with the broadest jurisdiction of any congressional authorizing committee. The Energy and Commerce Committee is at the forefront of all issues and policies powering America’s economy, including our global competitive edge in energy, technology, and health care. The committee is led by E&C Chairman Brett Guthrie (KY-02) and E&C Ranking Member Frank Pallone (NJ-06). The Subcommittee on Environment is led by Chairman Buddy Carter (GA-01) and Ranking Member Kathy Castor (FL-14).
Let me begin by welcoming everyone to today's hearing on how reining
in pharmacy benefit managers or PBMs will drive competition and lower
costs for patients. Before I dive into the policy, I want to take
a moment to address the true reason why we're having this hearing
today, and that is patience. Patients like Matthew, Matthew is a
16 year old Georgia resident who suffers from a rare genetic disorder.
CVS Caremarkt denied Matthew's access to a life-saving drug that
he had been on for 2 years. And as a result of that, Matthew was
forced back into the hospital. Let me be clear, PBM's greed, greed,
scent, a 16 year old back to the hospital in critical condition while
tragic, this story is far from unique. So how did we get here?
PBMs or the pharmaceutical supply chain's hidden middlemen that are
driving up costs for prescription medications, delaying access to
necessary treatments, adding hoops for patients to jump through,
and robbing hope from patience. They have only created perverse incentives
throughout the drug supply chain. They're extensive market control
has only grown due to consolidation and vertical integration leading
to less competition and decreased patient choice. After nearly two
decades of consolidation. The PBM industry is now dominated by 3
companies that control over 80% of the market. 3 companies that control
over 80% of the market. They own or owned by insurers and have vertically
in horizontally, horizontally consolidated their businesses to own
doctors, pharmacies, group purchasing organizations and more. One
of them even owns a bank. We have heard directly from our constituents
that the harmful and anti-competitive tactics of some PBMs have only
gotten worse and the congressional action is desperately needed.
We've heard a constant stream of reports that some PBMs are reimbursing
independent pharmacies less than the pharmacies they own.
For example, a Mississippi audit revealed that Optum pays its own
stores up to 22 times, 22 times what it pays independent pharmacies
for the same drug. How are you supposed to stay in business when
you competitor makes 2,200% more than you do for the same, the exact
same service. The answer is you don't. Unfortunately, you don't.
In 2023, there were over 300 independent pharmacy net closures. Almost
one per day. Unfortunately, that trend continued in 2024. Pharmacists
are some of the most accessible and highly trusted healthcare professionals.
Yet PBMs are putting pharmacies out of business and removing patients'
access to care. We now have pharmacy deserts and rural and underserved
communities. That's affecting the accessibility, affordability, and
quality of health care for all Americans. As I say all the time,
whether you're a Republican, Democrat, or Independent, we all want
the same thing. We want accessible, affordable, quality health care.
Recently, the Federal Trade Commission released its second interim
report, which found that PBMs charged significant markups for cancer,
HIV and other critical specialty generic drugs by 1000% and many
others by 100%. Another egregious example of PBM's abusive taxpayer
funded programs is the United States Postal Service health plan.
In an audit released in March of 2024, that the Inspector General
of the US Office of Personnel Management found that Express Scripts
overcharged the health plan and the federal government, nearly $45
million. $45 million. Thankfully, President Trump has committed to
holding PBMs accountable. I commend him, and I look forward to working
with this administration to drive solutions that costs for patients
at the pharmacy counter. The House Energy and Commerce Committee
has made common sense. PBM reform policies a bipartisan
process. Last Congress, this committee advanced bipartisan legislation
that saved significant taxpayer dollars in Medicaid managed care
programs, and for the first time in Medicare Part D, enforces reasonable
and relevant contract terms to support pharmacy's ability to serve
patients in addition to delinking PBM compensation from this.
Father, this committee champion reporting requirements which would
increase transparency by shining a light on the opaque drug pricing
system that is driving up drug
spending for patients and employers in addition to harming pharmacies.
Americans deserve and expect protection from inflated prescription
drug costs. Ford pharmacy closures and barriers to healthcare access.
I look forward to working with my colleagues on both sides of the
aisle to enact these meaningful PBM reforms for patients like Matthew
who are suffering at. At the expense of PBM's abusive tactics.