Sec. 4. Study of pharmaceutical supply chain intermediaries and merger activity
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/bill/116/hr/2296/rh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that— addresses at minimum— whether pharmacy benefit managers— charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse competing pharmacies; steer patients for anticompetitive purposes to any pharmacies, including retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit manager has an ownership interest; audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of competing pharmacies that can be used for anticompetitive purposes; or use formulary designs to increase the market share of higher cost prescription drugs and depress the market share of lower cost prescription drugs (each net of rebates and discounts); how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers; and whether there are any specific legal or regulatory obstacles the Commission currently faces in ensuring a competitive and transparent marketplace in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and provides— observations or conclusions drawn from the November 2017 roundtable entitled Understanding Competition in Prescription Drug Markets:
Entry and Supply Chain Dynamics , and any similar efforts; specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and policy or legislative recommendations to— improve transparency and competition in the pharmaceutical supply chain; prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations.
Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date. In this section: The term appropriate committees of Congress means— the Committee on Energy and Commerce of the House of Representatives; the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives.
The term Commission means the Federal Trade Commission.