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Ending the Prescription Drug Kickback Act of 2023

This bill generally prohibits prescription drug manufacturers from providing rebates to pharmacy benefit managers (PBMs) or private health insurance plans.

Specifically, the bill eliminates the safe harbor for rebates, or other payments, provided to PBMs that are intended to influence the applicable cost-sharing tier of the drug (e.g., placing the drug in a more favorable formulary tier).

The bill further prohibits health insurance plans from receiving such rebates with respect to a prescription drug covered by the plan. Plans also must ensure PBMs do not receive any such rebates.

Senate Actions

IntroReferral
Apr. 19 2023	Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Library of Congress Actions

IntroReferral
Apr. 19 2023	Introduced in Senate

Senate bill S1217-118

Ending the Prescription Drug Kickback Act of 2023

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