Pharmaceutical Cartel: How PBMs Are Profiting from Americans' Health

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The spotlight is once again on the pharmaceutical industry, but this time the focus has shifted from drug manufacturers to the nation's largest pharmacy benefit managers (PBMs). A recent report by the Federal Trade Commission (FTC) has made waves, accusing these PBMs of excessively inflating drug prices to the tune of billions of dollars in extra revenue.

The report targets the three major PBMs - Optum (owned by UnitedHealth Group), CVS Caremark (part of CVS Health), and Express Scripts (under Cigna) - alleging that they have substantially raised prices for essential drugs treating heart disease, cancer, and HIV at their associated pharmacies. Covering the years 2017 to 2022, the FTC claims these price hikes have generated an enormous $7.3 billion above the actual drug acquisition costs.

In simpler terms, PBMs are occupying a double role; they negotiate drug prices with manufacturers while simultaneously owning the pharmacies that sell these medications, effectively making them both the player and referee in this system.

Taking assertive action, the FTC has filed a lawsuit against these PBMs, alleging their manipulation of diabetes treatment choices to favor more expensive insulin, thus earning hefty rebates from drug manufacturers. The PBMs, however, staunchly resist this accusation, labeling the lawsuit as unfounded and defending their business practices.

The plot thickens as the PBMs seek to disqualify FTC Chair Linda Khan from participating in the insulin lawsuit, arguing undisclosed bias due to her views on their pricing models. Nonetheless, the FTC remains resolute, with a spokesperson unequivocally asserting, "We're not going to be distracted from our duty to inform the public and policymakers by the PBM scare tactics."

Moreover, leadership changes at the FTC have added another layer to the unfolding drama. As Linda Khan's term as chair concludes, President-elect Donald Trump has appointed current Commissioner Andrew Ferguson as her successor. Yet, the shift in leadership is not expected to impede the ongoing focus on PBMs, as the FTC highlights the bipartisan endorsement of its initiatives.

Congress is also gearing up to take action, with lawmakers on the verge of passing a bill aimed at preventing PBMs from setting their payments based on a drug's Medicare list price, a move that could potentially transform the industry landscape.

Unsurprisingly, the PBMs are pushing back. CVS Health argues that the proposed regulations would increase consumer costs and benefit the pharmaceutical industry, igniting a blame game with pharmaceutical companies over the soaring prescription drug prices in the United States.

With the FTC's report stirring significant controversy within the pharmaceutical realm, and with billions of dollars and millions of American lives impacted, the story is far from its conclusion. This development marks a pivotal moment in scrutinizing the intricate web of drug pricing in the U.S.

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