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FTC Hearing Recap: A Pivotal Moment for PBM Accountability

ProCare Rx Team • August 8, 2024

FTC Hearing Recap: A Pivotal Moment for PBM Accountability

The FTC hearing held on July 23rd has marked a significant milestone toward greater accountability and transparency in the PBM industry.  Top executives from CVS Caremark, Optum Rx, and Express Scripts were present, collectively controlling approximately 80% of the US prescription market. The hearing highlighted the critical need for stringent reporting requirements, restrictions on PBM-owned pharmacies, and measures to prevent anti-competitive practices. This is a momentous development for taxpayers and patients who could benefit from lower drug costs and improved access to medications.


The ongoing investigation into the PBM industry's practices underscores the importance of fair business practices, and ProCare Rx is at the forefront of advocating for these changes. 


Overview of the FTC Hearing

The FTC hearing focused on addressing the concentration of power among the major PBMs and their influence on drug prices. The key points discussed included the imbalance of power, consolidation of the market, and the impact on smaller pharmacies and consumers. The FTC expressed concerns over the lack of transparency in how PBMs negotiate rebates and discounts, often limiting access to cheaper generic alternatives. The hearing underscored the need for regulations to ensure fair competition and to protect consumer interests. As Chairman James Comer (R-KY) states: 



“Since 2021, the Committee has made it a priority to expose harmful PBM practices and advance legislative solutions to ensure greater transparency and accountability in the PBM industry. Instead of prioritizing the health of Americans across the country, evidence obtained by the House Oversight Committee shows how the three largest pharmacy benefit managers colluded to line their own pockets.”


Impact on the PBM Industry

The hearing's outcome could lead to significant changes in the PBM landscape. Potential regulations could enforce transparency and accountability, requiring PBMs to report their practices more openly. This would benefit taxpayers and patients by potentially lowering drug costs and improving access to necessary medications. The industry may see a shift toward more ethical practices, aligning with ProCare Rx's long-standing commitment to transparency. 


ProCare Rx's Position and Commitment

ProCare Rx has always operated with a focus on transparency and pass-through pricing, managing care and costs with the patient and sponsor at the center. Our Chief Growth Officer, Doyle Jensen, emphasizes that ProCare Rx has consistently prioritized fair business practices. "Over 30 years ago when ProCare Rx was founded, it was 'transparent and pass-through'. This is one of the most exciting times for the PBM industry. The exposure that is unfolding shows that the main players are not focused on managing a prescription benefit for the patient or the sponsor, but for their profitability. We at ProCare Rx will always focus on managing care and cost with the patient and sponsor at the nexus."


ProCare Rx also takes security and system uptime seriously, with no breaches or downtimes, setting a high standard in the industry. Our business model is built on principles that differentiate it from major PBMs:


  1. Lowest Net Cost with High Efficacy: We save our clients millions of dollars annually by focusing on the lowest net cost formulary.
  2. Transaction-Based Compensation: We offer transparent and fair pricing models, ensuring clients pay exactly what the pharmacy charges without hidden spreads.
  3. No Ownership of Pharmacies: Our independence ensures that we do not mandate high-cost prescriptions through our mail order, leading to significant savings.
  4. Cost Savings Programs: We consistently achieve optimal outcomes for our clients through innovative cost-saving programs.
  5. Direct Source Technology: Our direct-source system allows us to account for every dollar of drug spend -- something most other PBMs can’t claim. We control our entire process, allowing us to oversee every step and provide you with accurate data and representation. 


The FTC hearing represents a positive step toward reforming the PBM industry. At ProCare Rx, we are optimistic about the future and remain committed to leading the industry with transparency, fairness, and a patient-centric approach. We invite clients and stakeholders to engage with us to discuss the potential changes in the PBM industry and how ProCare Rx can help navigate these changes and optimize their benefits. Together, we can achieve a more accountable and efficient PBM landscape.


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ProCare Rx, a leading pharmacy claims processor, has received updated certification from the Centers for Medicare and Medicaid (CMS) 2025 Prescription Drug Event (PDE) data submissions beginning January 1, 2025. Our certification covers both the Traditional Medicare and Medicaid Plans as well as the Program of All-Inclusive Care for the Elderly (PACE) Medicare Part D. As one of the first dual-compliant providers, our customer regulatory reporting will continue to meet both current and new 2025 submission requirements. This program-wide recertification was mandated by CMS, and included significant changes in the PDE File Layout expansion and introduction of new financial and non-financial data fields on the PDE record. Some of the changes applicable to all Part D sponsors include: “ Vaccine Administration Fee or Additional Dispensing Fee ” (This removed reference to Emergency Use Authorization (EUA) status of oral antiviral drugs) “ Drug Status Indicator, ” determines that the National Drug Code (NDC) submitted on the PDE was an applicable drug or non-applicable drug at the time of PDE processing. For PACE claims there are a variety of additional financial/non-financial fields and indicators that must be included in a claim: Estimated Remuneration at POS Amount (ERPOSA) Pharmacy Price Concessions at POS Patient Pay Amount Patient Liability Reduction Due to Other Payer Amount (PLRO) Other TrOOP Amount/Indicator Selected Drug Subsidy Reported Manufacturer Discount Gross Drug Cost Below Out-of-pocket Threshold (GDCB) Gross Drug Cost Above Out-of-pocket Threshold (GDCA) Low Income Cost Sharing Subsidy Amount (LICS) Non-covered Plan Paid Amount (NPP) Originally Prescribed Quantity Part D Model Indicator Medicare Prescription Payment Plan Indicator Kristi Mitchell, ProCare Rx Vice President of Product Management and Implementation stated, “This certification is a testament to our team’s hard work and dedication. The journey to ensuring that we are able to meet the new CMS reporting requirements on behalf of our clients has been incredibly rewarding, and we express our sincere gratitude to all our clients, employees, and everyone in the ProCare Rx family for their continued support. We look forward to achieving many more milestones together in the future!” The 2025 PDE Testing and Certification Protocol for non-PACE Part D sponsors is posted at www.csscoperations.com About ProCare Rx ProCare Rx, a privately held leader in pharmacy claims processing, pharmacy benefit management (PBM), and clinical program design, has been empowering healthcare organizations since 1986. With offices in the U.S. and Puerto Rico, we provide customizable, cost-effective solutions tailored to the unique needs of self-insured employer groups, TPAs, pharmacies, health plans/systems, unions, and other industry leaders. Our commitment to ethical, transparent operations and long-lasting partnerships has made us a trusted partner in optimizing pharmacy benefits and clinical performances. To learn more about how ProCare Rx is bridging the gap between cost savings and clinical innovation, visit http://www.ProCareRx.com
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