In the summer of 2022, the Federal Trade Commission (FTC) launched an investigation into PBM practices,1 largely owing to these potential misalignments with purchasers and functional and efficient markets (thus the FTC on the inquiry’s lead). This past summer, an interim staff report on that inquiry was released with some fanfare, but with fierce pushback by PBMs that claimed the findings were unfounded.2 In August, Express Scripts filed suit against the FTC to retract the report, again citing poor methods and data.3 Subsequently, the FTC filed suit with the PBMs over insulin pricing schemes4 of the type described earlier, in which the rebates create potential misalignment with purchasers.
Recently, these purchasers have taken an acute interest in the role and effectiveness of PBMs in the pharmaceutical marketplace. Notably, payers, as PBMs and insurers are known among health care providers, are not actually health care purchasers. Nearly all health care products and services delivered in the US are purchased by employers, taxpayers, and patient households (through direct payments, co-payments, or coinsurance). Currently, all 3 groups believe they are being robbed. The key question among them is, if the original purpose of PBMs was to increase administrative efficiencies and keep drug costs down, where is the evidence that these 2 pillars are effectively functioning in 2024 and will be beyond? Ultimately, purchasers will decide what they want to purchase, given a transparent view of products and multiple products to choose from (ie, a functional marketplace).
WHICH STRATEGY IS MORE PROFITABLE?
Economic rents are a fancy academic way of saying profits without value. Administrative efficiencies and brand-to-generic switching are nothing more than a commodity play, with little opportunity to generate profits. Concern is growing that the rebate game and spreadsheet wars increase economic rents, working against the marketplace instead of advancing it. PBMs have become so adept at generating profits that they are the main driver of earnings for most, if not all, national insurers.
Transparency will win in the end. Purchasers and their subsequent politics will demand it, and PBMs will be absorbed into the standard operations of multipronged administrative insurers. Direct-pay opportunities like the Mark Cuban Cost Plus Drug Company will become increasingly popular among employers and commercially insured employees alike, as high-deductible plans with health savings accounts eventually dominate the benefits landscape. The other half of the population entitled to government sponsored insurance will find local and national legislators and administrators demanding access to data to ensure their constituency doesn’t wake up to see articles exposing gross excesses in economic rents from taxpayers.5
COMMUNITY PHARMACY SUSTAINABILITY AND SURVIVAL HANGS IN THE BALANCE
Meanwhile, nearly 2500 pharmacies have closed in 2024 alone, with thousands more on the brink of closure due to paltry reimbursement and contract terms with PBMs. PBMs and their conglomerate corporations will eventually move toward transparency and value-based contracting. However, this evolution must occur within months, not years. Otherwise, access to community pharmacies will be even more limited, more walkouts will take place, and the caustic politics of PBMs and pharmacy providers will worsen.
REFERENCES
1. FTC launches inquiry into prescription drug middlemen industry. News release. Federal Trade Commission. June 7, 2022. Accessed September 23, 2024. https://www.ftc.gov/news-events/news/press-releases/2022/06/ftc-launches-inquiry-prescription-drugmiddlemen-industry
2. FTC releases interim staff report on prescription drug middlemen. News release. Federal Trade Commission. July 9, 2024. Accessed September 23, 2024. https://www.ftc.gov/news-events/news/pressreleases/2024/07/ftc-releases-interim-staff-report-prescriptiondrug-middlemen
3. Express Scripts sues FTC, demands withdrawal of PBM report. News release. Express Scripts. September 17, 2024. Accessed September 23, 2024. https://www.prnewswire.com/newsreleases/express-scripts-sues-ftc-demands-withdrawal-of-pbmreport-302250181.html
4. Halpern L. FTC sues major pharmacy benefit managers over price of insulin. Pharmacy Times. September 20, 2024. Accessed September 23, 2024. https://www.pharmacytimes.com/view/ftcsues-major-pharmacy-benefit-managers-over-price-of-insulin
5. Rowland D. Medicaid chief quietly drops bombshell: millions obtained by PBMs unaccounted for by state. Columbus Dispatch. October 27, 2021. Accessed September 23, 2024. https://www.dispatch.com/story/news/2021/10/27/health-care-monopolyraises-drug-costs-consumers-pharmacists-say-pbms-prescriptioncvs-united-cygna/8513593002/