PBM Kickback Prohibition Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 7895 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 7895

To amend section 408 of the Employee Retirement Income Security Act of 1974 to prohibit kickbacks to pharmacy benefit managers.

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IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

Mr. Allen introduced the following bill; which was referred to the Committee on Education and Workforce

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A BILL

To amend section 408 of the Employee Retirement Income Security Act of 1974 to prohibit kickbacks to pharmacy benefit managers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``PBM Kickback Prohibition Act''.

SEC. 2. PBM KICKBACK PROHIBITION.

(a) In General.--Section 408(b)(2)(B) of the Employee Retirement Income Security Act (29 U.S.C. 1108(b)(2)(B)) is amended by adding at the end the following: ``(x) In the case of a contract or arrangement between a covered plan and a covered service provider for pharmacy benefit management services, no amount of compensation may be paid, directly or indirectly, by such service provider to a brokerage firm, broker, consultant, advisor, or any other individual for the referral of the covered plan's or health insurance issuer's business to the covered service provider.''. (b) Effective Date.--The amendment made by this section shall apply for plan years beginning after the date of enactment of this Act. <all>