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Feb 27, 2025
Press Release

Subcommittee on Health Holds Hearing to Scrutinize Abusive PBM Practices

WASHINGTON, D.C. – Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, led a hearing yesterday titled An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients . “Patients are counting on us to stop the abusive practices that drive up out-of-pocket costs on their prescription drugs,” said Chairman Carter. “This Committee has worked to identify bipartisan solutions that will meaningfully help patients access their medications. Yesterday’s hearing gave us a chance to further hear from medical professionals and policy experts on why reining in PBMs and increasing transparency in the system will improve our health care system for all Americans.” Watch the full hearing here . Below are key excerpts from yesterday’s hearing: Rep. Diana Harshbarger (TN-01) : “I say this in every PBM hearing, and I'm going to say it again today. PBMs don't treat a single patient. They don't cure a single disease, and they don't insure a single American. So, the bottom line is: it's all about the patients, isn't it, gentlemen? It certainly is and how they're losing access to pharmacy choice. It’s those pharmacies who, in most communities, are your independent pharmacies which are the most trusted and the most readily available healthcare provider in that community. So, PBM reform is a bipartisan issue, and you know what that means? That means that both sides agree on this issue. It's not an issue of contention. It's important that we get some PBM reform done.” Rep. Mariannette Miller-Meeks (IA-01) : “It's no secret that PBM middlemen artificially inflate the cost of and limit access to prescription drugs. This occurs at the expense of patients who receive health insurance in public and private markets and impacts patients of all ages. PBMs claim they reduce prices by holding pharmaceutical companies accountable. This is done, they contend, by requiring rebates on drugs, which are then passed on to the beneficiary. While PBMs often do negotiate discounts for manufacturers, patients are not the ones who benefit from them. In Medicare Part D, for example, patient cost sharing is based off the list price of drugs, which are artificially inflated to extract a higher rebate. As a result, of these practices for 79 of the 100 most rebated drugs in Medicare Part D, beneficiaries pay more for their drug than their insurer. Again, demonstrating that beneficiaries, in this case, seniors are not benefiting from the rebates.” Rep. Troy Balderson (OH-12) : “As a result of PBM's indecent practices, independent pharmacies around the country are closing. I know that in my district we are not strangers to this issue. I hear from my friends, family, and constituents alike that their trusted pharmacies have closed after decades of serving their communities. Pharmacy deserts have continued to grow and patients no longer have access to patient pharmacist relationships that has helped them manage complex medication regimes and diseases. It's estimated that between 2018 and 2021 alone, the number of pharmacies has declined in 41 states. So, this is not just an Ohio problem. This is not a rural problem. This is a countrywide issue that needs addressed.” ###



Feb 26, 2025
Health

Chairman Carter Delivers Opening Statement at Subcommittee on Health Hearing on How Reining in PBMs Will Drive Competition and Lower Costs for Patients

WASHINGTON, D.C.  – Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, delivered the following opening statement at today’s hearing titled  An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients. Subcommittee Chairman Carter's opening statement as prepared for delivery: “I want to welcome everyone to today’s hearing on how reigning in Pharmacy Benefit Managers, or PBMs, will drive competition and lower costs for patients. “Before I dive into the policy, I want to take a moment to address the true reason why we’re having this hearing today – patients. Patients, like a fellow Georgian, Mattie McCoy. Mattie, a sixteen-year-old Georgia resident, suffers from a rare genetic disorder. “CVS Caremark denied Mattie’s access to a lifesaving drug that he had been on for two years. As a result, Mattie was forced back into the hospital.  “Let me be clear: PBMs’ greed sent a 16-year-old back to the hospital, in critical condition. While tragic, this story is far from unique.  “So, how did we get here?   “PBMs are the pharmaceutical supply chain’s hidden middlemen that are driving up costs for prescription medications, delaying access to necessary treatments, adding hoops for patients to jump through, and robbing hope from patients. They have only created perverse incentives throughout the drug supply chain.  “Their extensive market control has only grown due to consolidation and vertical integration leading to less competition and decreased patient choice.  “After nearly two decades of consolidation, the PBM industry is now dominated by three companies that control over 80% of the market. They own or are owned by insurers and have vertically and horizontally consolidated their businesses to own doctors, pharmacies, group purchasing organizations, and more. “We have heard directly from our constituents that the harmful and anticompetitive tactics of some PBMs have only gotten worse, and that Congressional action is desperately needed.  “We’ve heard a constant stream of reports that some PBMs are reimbursing independent pharmacies less than the pharmacies they own. “For example, a Mississippi audit revealed that Optum pays its own stores up to 22 times what it pays independent pharmacies for the same drug.  “How are you supposed to stay in business when your competitor makes 2,200% more than you for the same exact service?  “The answer is you don’t. In 2023, there were over 300 independent pharmacy net closures – almost one per day. Unfortunately, that trend continued in 2024. Pharmacists are some of the most accessible and highly trusted health care professionals. Yet, PBMs are putting pharmacies out of business and removing patients’ access to care. We now have “pharmacy deserts” in rural and underserved communities. That’s affecting the accessibility, affordability, and quality of health care for all Americans.  “Recently, the Federal Trade Commission released its second interim report which found that “PBMs charge significant markups for cancer, HIV, and other critical specialty generic drugs” by thousands of percent, and many others by hundreds of percent.  “Another egregious example of PBMs’ abuse of taxpayer-funded programs is the United States Postal Service health plan. In an audit released in March 2024, the Inspector General of the U.S. Office of Personnel Management found that Express Scripts overcharged the American Postal Workers Union Health Plan and the federal government nearly $45 million.  “Thankfully, President Trump is committed to holding PBMs accountable. I commend him and look forward to working with this administration to drive solutions that lower costs for patients at the drug counter.  “The House Energy and Commerce Committee has made commonsense PBM reform policies a bipartisan priority.  “Last Congress, this Committee advanced bipartisan legislation that saves significant taxpayer dollars in state Medicaid managed care programs and – for the first time in Medicare Part D – enforces reasonable and relevant contract terms that support pharmacies’ ability to serve patients in addition to delinking PBM compensation from list price. Further, this Committee championed reporting requirements which would increase transparency by shining a light on the opaque drug pricing system that is driving up drug spending for patients and employers, in addition to harming pharmacists.  “Americans deserve and expect protection from inflated prescription drug costs, forced pharmacy closures, and barriers to health care access. I look forward to working with my colleagues on both sides of the aisle to enact these meaningful PBM reforms for patients, like Mattie, who are suffering at the expense of PBM's abusive tactics.” ###



Feb 19, 2025
Press Release

Chairmen Guthrie and Carter Announce Subcommittee Hearing on Pharmacy Benefit Manager Practices

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, announced a hearing titled  An Examination of  How Reining in PBMs Will Drive Competition and Lower Costs for Patients . “As outlined in recent reports, significant consolidation in the PBM marketplace has led to fewer options for patients and employers and less competition to keep out-of-pocket drug costs in check,”  said Chairmen Guthrie and Carter.   “Over the past few years, this Subcommittee has led on a myriad of legislative solutions which will help guide our continued work toward delivering high quality heath care for the American people.” Subcommittee on Health hearing titled  An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients . WHAT: Subcommittee on Health hearing to examine PBM reform policies.  DATE:  Wednesday, February 26, 2025  TIME: 10:00 AM ET  LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chairmen. The hearing will be open to the public and press and will be live streamed online at  energycommerce.house.gov . If you have any questions concerning the hearing, please contact Emma Schultheis with the Committee staff at  Emma.Schultheis@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .  ###



Feb 13, 2025
Health

Chairman Guthrie Applauds Confirmation of Robert F. Kennedy, Jr., as HHS Secretary

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued the following statement after Robert F. Kennedy Jr., was confirmed by the U.S. Senate to serve as Secretary of the Department of Health and Human Services:  “Americans deserve a health care system that empowers them to be healthy and prioritizes better outcomes. With rising obesity rates, concerning levels of chronic disease, an ongoing drug epidemic, and financially strained programs, we must embrace commonsense approaches to address the root causes of increasing costs, curb the flow of illicit substances flowing into our communities, and foster cutting-edge innovation,”   said Chairman Guthrie .  “I congratulate Secretary Kennedy on his confirmation and look forward to working with him to improve the health and wellbeing of the American people.”  ###



Feb 7, 2025
Press Release

Subcommittee on Health Holds Hearing on New and Emerging Drug Threats

WASHINGTON, D.C. —  Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, led a hearing yesterday titled  Combatting Existing and Emerging Illicit Drug Threats . “One death due to illicit drugs is too many, and this hearing gave members the chance to hear from patient advocates and experts, including law enforcement and medical professionals. Solving the drug crisis will include everything from empowering law enforcement to crack down on drug traffickers to providing support to those struggling with substance use disorder,”  said Chairman Carter.  “This Subcommittee has led on proposing solutions to these problems in the last Congress, and this hearing shows signs that we will continue to do so moving forward.” Watch the full hearing  here . Below are key excerpts from today’s hearing: Rep. John Joyce (PA-13), Vice Chairman of the Committee on Energy and Commerce: “Since the inauguration of President Trump, we have seen President Trump take immediate action to combat the growing threat of illicit fentanyl flowing through our borders. He designated the cartels in Mexico as a foreign terrorist organization and reached an agreement with the Mexican president to deploy her country's National Guard to help stop the transport of this deadly drug into our country. Unfortunately, these positive steps come only a few years after the inaction of the Biden Administration. And because of that delay, fentanyl poisoning has risen dramatically with seven out of 10 illicit fentanyl pills tested by the DEA in 2023 containing a potentially lethal dose of fentanyl. That's seven out of 10, and go back just two years before that, it was only four out of 10. Why would I say only four out of 10 deadly pills? Ray Cullen, thank you for being here. Thank you for sharing the story of your son, Zach. Can you talk about how fentanyl poisoning is distinct from an accidental overdose?”  Ray Cullen:   “Thank you for the question. So, in my opinion, an accidental overdose is when someone takes something—whether prescribed or not—that’s more of what they were supposed to then the body could handle. Poisoning to me means that someone took something that had something in it. that they were not expecting. So, in our case Zach purchased cocaine—bad decision—but the coroner told me that there was more fentanyl and cocaine in his system. He did not die because he took too much cocaine.” Rep. Neal Dunn (FL-02), Vice Chairman of the Subcommittee on Health: “Doctor Westlake, as a medical doctor, I'm interested to hear from you about how this issue presents in the emergency room. Can you speak from your own experience—how the presentations of drug overdoses have evolved over the last few years?”   Dr. Westlake:   “I think when, when we kind of saw the starting, it was with prescription opioid epidemic, and there were overdoses on prescription pills because of the overprescribing issue. That has pretty, pretty much, you know, at least in Wisconsin, and my understanding across the country is pretty much stopped. And now it's moved on to the illicit substances. And then once they became the counterfeit, counterfeit substances, initially it was people that knew they were using and were taking risks, and now moved into people that don't even know that they're that they're using. The majority of overdoses that I see are people that are not aware that they're taking fentanyl. The last 10 overdoses that I've seen in the last couple of months, all thought they were taking heroin, and when we tested it, there was no opioid, it was all pure fentanyl that was they were overdosing from.” ###



Feb 6, 2025
Press Release

Chairman Carter Delivers Opening Statement at Subcommittee on Health Hearing on Combatting Existing and Emerging Illicit Drug Threats

WASHINGTON, D.C.  – Congressman Buddy Carter (GA-01), Chairman of the Subcommittee on Health, delivered the following opening statement at today’s hearing titled  Combatting Existing and Emerging Illicit Drug Threats. "As we gavel in the first Energy and Commerce Subcommittee on Health hearing, American families across the country continue to suffer from failures of the Biden-Harris Administration’s disastrous four years and its inability to address one of the greatest public health threats of our lifetimes: the illicit drugs pouring over our borders.  "Under the previous Administration, the United States experienced a historic rise of drug overdoses and poisonings, driven by an increased supply of synthetic opioids, such as illicit fentanyl and its analogs. "Last fiscal year, Customs and Border Protection confiscated over 21,000 pounds of fentanyl at our borders. That is enough fentanyl to kill every American several times over. And that’s just the drugs we know about.  "Under the Biden-Harris Administration, we saw rates of overdose and poisoning deaths skyrocket, peaking at nearly 108,000 in 2023, driven by the surge of fentanyl coming across our borders. Illicit fentanyl overdoses are now the number one cause of death among adults 18 to 45. Each year, more Americans are dying from illicit fentanyl than the number of American lives lost during the Vietnam War. "However, I believe we have a great opportunity to make significant and sustainable progress in combating this crisis. To do so we must continue to expand the availability of overdose reversal treatments like naloxone, removing the stigma associated with carrying it and making it as common as a fire extinguisher. Every school in America should have access to naloxone. "We must secure our borders to stop the scourge of illegal drugs, especially poisons like illicit fentanyl. President Trump has already made progress to address the fentanyl crisis by forcing Mexico and Canada to come to the negotiating table. With President Trump’s leadership, we must continue to crack down on China, Mexico, and anyone who smuggles fentanyl and other synthetic drugs across our borders with the sole intention of preying on Americans.  "Additionally, this Committee is already taking action to help keep illicit fentanyl out of our communities and save lives. Later today the House will vote on a bill developed by this Committee, the Halt All Lethal Trafficking of Fentanyl Act, which will take the critical step of permanently scheduling all fentanyl-related substances as Schedule I drugs under the Controlled Services Act.  "These tools and solutions address today’s problem. But, like the evolution of the opioid crisis from the over prescribing of oxycontin to today’s scourge of synthetic opioids like fentanyl, we must prepare for what’s next. In this hearing we’ll hear from our witnesses not just on the illicit drugs threatening our communities today but potential new threats that if left unaddressed will be driving this crisis tomorrow. "I look forward to hearing that testimony and working alongside my colleagues on addressing these issues." ###



Feb 6, 2025
Press Release

Law Enforcement and Advocates Urge Passage of HALT Fentanyl Act

WASHINGTON, D.C. —  Law enforcement and advocacy groups are urging Congress to pass H.R. 27, the HALT Fentanyl Act, led by Committee on Energy and Congress Members Reps. Morgan Griffith (VA-09) and Bob Latta (OH-05). Here’s what they have to say: “We commend your early prioritization of this issue and your leadership in pushing this legislation forward. The opioid epidemic continues to claim the lives of hundreds of Americans every day. As this crisis escalates, every delay in addressing it only increases the toll on our communities. For the sake of public safety, it is imperative that the House pass the HALT Fentanyl Act as it stands, without changes, and move it forward to law.” CLICK HERE  to read the letter from the Association of State Criminal Investigative Agencies (ASCIA), Federal Law Enforcement Officers Association (FLEOA), Major Cities Chiefs Association (MCCA), Major County Sheriffs of America (MCSA), National Alliance of State Drug Enforcement Agencies (NASDEA), National Association of Police Organizations (NAPO), National District Attorneys Association (NDAA), National HIDTA Directors Association (NHDA), National Narcotic Officers’ Associations’ Coalition (NNOAC), National Sheriffs’ Association (NSA), Sergeants Benevolent Association NYPD (SBA). “We, the members of the Drug Enforcement Association of Federal Narcotics Agents, are writing to express our strong support for the Halt All Lethal Trafficking (HALT) Fentanyl Act. This bipartisan legislation is crucial in combating the devastating fentanyl crisis that has become the leading cause of death among young adults aged 18-45.” CLICK HERE  to read the letter from Drug Enforcement Association of Federal Narcotics Agents President Marshall Fisher. “The HALT Fentanyl Act is not just about strengthening law enforcement—it is about saving lives and protecting communities. By permanently scheduling fentanyl analogues, we are sending a strong message that the United States will not tolerate the continued destruction caused by this drug.” CLICK HERE  to read the letter from Association of Mature American Citizens Action Chairwoman Rebecca Weber. “On behalf of the National Association of Police Organizations (NAPO), representing over 241,000 sworn law enforcement officers across the United States, I am writing to you to express our strong support for the Halt All Lethal Trafficking of (HALT) Fentanyl Act.  [...] “NAPO has long fought for resources to support law enforcement’s efforts to combat fentanyl, its analogues, and similar opioids. We thank you for your efforts to help the fight against the spread of this deadly poison in our communities and look forward to working with you to pass this important legislation.” CLICK HERE  to read the letter from NAPO Executive Director William J. Johnson. CLICK HERE  to read more about the HALT Fentanyl Act.   ###



Feb 6, 2025
Press Release

Chairmen Guthrie and Carter Applaud Passage of HALT Fentanyl Act

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, issued the following statement after the House passed H.R. 27, the HALT Fentanyl Act , by a vote of 312 to 108. “As Republicans work to fix the previous Administration’s border crisis and save lives from fentanyl poisoning, this legislation will serve as an important tool for law enforcement to fight against transnational crime organizations and drug smugglers,” said Chairmen Guthrie and Carter . “We are grateful for Reps. Griffith and Latta for their leadership on this legislation and will work with the Senate to see it passed and sent to President Trump’s desk.”   “Today, the House took a critical step forward to combat the fentanyl crisis by passing the HALT Fentanyl Act. For far too long, the Biden administration’s failure to secure our border allowed this deadly drug to pour into our country and kill more than 200 Americans a day. This bill permanently classifies fentanyl-related substances as Schedule I, giving law enforcement the tools needed to halt this epidemic,” said House Speaker Mike Johnson . “With this legislation and President Trump’s recent actions to secure our northern and southern borders, Republicans are taking decisive, strong, and immediate action to keep these dangerous drugs out of our communities.”   “The ongoing fentanyl crisis has been fueled in part by a rise in lethal fentanyl-related substances. We are pleased to see House passage of the HALT Fentanyl Act, which prioritizes the safety of American life and highlights our commitment to defeating the scourge of fentanyl,” said Reps. Griffith and Latta . “Accordingly, we urge swift passage of HALT Fentanyl in the Senate so we can complement President Trump’s actions to curb the flow of fentanyl into America.”   Background:   Drug traffickers are able to exploit loopholes in the criminal code by making minor changes to the chemical composition of fentanyl, creating an “analog” or fentanyl related substances (FRS). Congress granted temporary scheduling authority that allows Drug Enforcement Agency to immediately schedule FRS as a class, removing the incentive for new FRS to be created. The temporary scheduling authority, however, expires in March 2025.  H.R. 27 , the HALT Fentanyl Act , led by Reps. Morgan Griffith (R-VA) and Bob Latta (R-OH), would make the temporary class-wide scheduling order for FRS permanent. It ensures law enforcement have the tools they need to keep these extremely lethal and dangerous drugs off our streets. The bill also ensures practitioners can research fentanyl related substances so we can better understand their overall effects on people's health.  ### 



Feb 5, 2025
Press Release

Reps. Griffith and Latta Pen Op-Ed: The HALT Fentanyl Act Gives Americans Hope

WASHINGTON, D.C. – In a new opinion piece penned in the Washington Examiner , House Committee on Energy and Commerce members Reps. Morgan Griffith (VA-09) and Bob Latta (OH-05), along with House Republican Conference Chairwoman Lisa McClain (MI-09), laid out the case for passing H.R. 27, the HALT Fentanyl Act , to give law enforcement the tools needed to fight against fentanyl-related substances flowing into our nation. The fentanyl crisis in America is an unnecessary story of anguish and despair, one that elicits pain and stifles hope. The story of 23-year-old college student Zach Cullen, who was preparing for life beyond college, is one of those stories of anguish. He spent four years delivering pizzas from Papa Johns and was interested in developing a technology company. Nine days after Cullen’s birthday, his parents got painful news. They were informed by police that their son, the youngest of their three boys, died from fentanyl-related poisoning. Cullen’s parents later testified before a House Energy and Commerce Committee roundtable demanding change. House Republicans then committed to preventing future tragedies such as Cullen’s. We put pen to paper and worked on a bill to save lives and crack down on the fentanyl crisis: the HALT Fentanyl Act. CLICK HERE to read the full piece. CLICK HERE to read more about the HALT Fentanyl Act.  ###