Article · Healthcare

The Company Setting the Price Is Not in Your Contract: How Pharmacy Benefit Managers Actually Work

29 U.S.C. § 1144

Type
Article
Jurisdiction
National
Date
2025-09-11
Topic
Healthcare

The entity that sets the price of a prescription drug is a party to two contracts and a stranger to the person paying. A pharmacy benefit manager contracts separately with the plan on one side and the pharmacy on the other, and neither counterparty can see the other agreement. This article explains what that architecture produces: a spread nobody can measure, a rebate system whose incentives run toward higher list prices rather than lower ones, and a patient whose share is calculated from a number that no institution in the transaction actually pays. It then works through the legal machinery that has grown around the problem — the preemption decision that reopened state regulation, the fiduciary theory now being pressed against plan sponsors rather than against the middleman, the disclosure obligations Congress added, and the federal programs whose pricing rules interact in ways nobody designed. It closes with what actually changes outcomes for a plan, a pharmacy, and a patient.

The Company Setting the Price Is Not in Your Contract: How Pharmacy Benefit Managers Actually Work

Healthcare > Pharmacy Benefit Managers and Drug Pricing | Published 11 September 2025 - Updated 12 March 2026 | UpLaw - uplaw.us

Two contracts and a wall between them

Start with the architecture, because everything else follows from it.

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