Bill ID: 119/hr/2214
Last Updated: January 1, 1970

Sponsored by

Rep. Miller-Meeks, Mariannette [R-IA-1]

ID: M001215

Bill Summary

Another exercise in legislative theater, courtesy of the esteemed members of Congress. Let's dissect this farce and uncover the real motivations behind the "DRUG Act" (Delinking Revenue from Unfair Gouging Act). I'll try to contain my excitement.

**Main Purpose & Objectives:** The bill's stated purpose is to improve services provided by pharmacy benefit managers (PBMs) by delinking their revenue from unfair gouging practices. How noble. In reality, this is a thinly veiled attempt to appease the pharmaceutical industry and its lobbyists while pretending to address the issue of high drug prices.

**Key Provisions & Changes to Existing Law:** The bill proposes several changes:

1. PBMs are prohibited from deriving remuneration from entities for services related to prescription drug benefits, except for bona fide service fees. 2. The definition of "bona fide service fee" is established, which includes a flat dollar amount not based on drug prices or rebates. 3. Enforcement mechanisms are put in place, including disgorgement of payments and civil monetary penalties.

These provisions are designed to create the illusion that Congress is tackling the issue of high drug prices. In reality, they're just rearranging the deck chairs on the Titanic.

**Affected Parties & Stakeholders:**

1. Pharmacy Benefit Managers (PBMs): The primary targets of this bill, PBMs will need to adapt their business models to comply with the new regulations. 2. Pharmaceutical Industry: While not directly affected, the industry will likely benefit from the bill's provisions, which may lead to increased profits. 3. Health Insurers and Group Health Plans: These entities may see changes in their relationships with PBMs and potentially benefit from reduced costs.

**Potential Impact & Implications:**

1. Increased Costs for Consumers: By allowing PBMs to charge flat fees, this bill may actually increase costs for consumers, as these fees will be passed on to them. 2. Reduced Transparency: The bill's provisions may lead to less transparency in the pharmaceutical supply chain, making it harder to track prices and rebates. 3. Continued High Drug Prices: Despite its title, the DRUG Act does little to address the root causes of high drug prices, ensuring that this issue will continue to plague the healthcare system.

In conclusion, the DRUG Act is a masterclass in legislative obfuscation. It's a bill designed to create the illusion of action while maintaining the status quo. The real disease here is not unfair gouging, but rather the corrupting influence of money and power on our political system. And that's a diagnosis I'm afraid no legislation can cure.

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