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FTCNonrulemakingFTC-2022-0015

Solicitation for Public Comments on the Impact of Prescription Benefit Managers’ Business Practices

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American Pharmacists Association (APhA) filings
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American Pharmacists Association (APhA) filed 1 comment on this docket between Jun 3, 2022 and Jun 3, 2022. 137 other organizations filed here. The comment window closed 1525d ago.

What American Pharmacists Association (APhA) filed (1)

Jun 3, 2022· Comment Submitted by American Pharmacists Association· FTC-2022-0015-1083

Thank you for the opportunity to address the FTC on how the business practices of PBMs negatively impact our nation's pharmacists and our patients. APhA is the only organization advancing the entire pharmacy profession. Our expert staff and strong volunteer leadership, including many experienced pharmacists, allow us to deliver vital leadership to help pharmacists, pharmaceutical scientists, student pharmacists, and pharmacy technicians find success and satisfaction in their work while advocating for changes that benefit them, their patients, and their communities. See, attached, .PDF for our full comments. Based on the clear evidence of the lack of competition in the PBM space and the "unfair or deceptive acts or practices" resulting in the manipulation of prescription drugs in the healthcare marketplace, the FTC need to fully utilize its antitrust enforcement authority to prohibit and separate vertical mergers of PBMs with pharmacies. The FTC is the nation's premier antitrust enforcer and in some respects a model of sound government enforcement. However, as stated by a former FTC official, FTC's track record(s) is concerning when it comes to PBMs. The FTC has a number of tools under the APA and the FTCA, 15 U.S.C. § 45 to initiate a rulemaking to prohibit PBMs from vertically merging with pharmacies due to inherent conflicts of interest. The FTC could bring enforcement actions to prohibit and separate healthcare vertical mergers of PBMs with pharmacies that engage in unfair methods of competition, or unfair or deceptive acts or practices in or affecting commerce, or actions that have affected acquisitions not "in the public interest." Furthermore, while APhA also supports a new section 6(b) study on the vertically merged PBMs, we already have mountains of data from Medicaid and commercial plans on PBMs' uncompetitive and deceptive trade practices that target patients with chronic conditions and force them to use PBM-owned specialty, mail order, and network pharmacies. The FTC should not allow the PBMs to weaken any FTC 6(b) study by expanding it to "look at the larger supply chain." More importantly, because of the abundance of anti-competitive data, the FTC should not only examine PBMs' anticompetitive practices, but it should end them. PBMs are putting independent pharmacies out of business and creating "pharmacy deserts" in minority and underserved communities, where the neighborhood pharmacy may be the only health care provider for miles. Accordingly, APhA strongly believes the FTC should follow-the data, aided by our full comments above, and take action now. Thank you for the opportunity to comment on the ways that large, vertically integrated PBMs are affecting drug affordability and access. We look forward to the continuing to work with the FTC to return competition to the PBM and healthcare marketplace in order to protect our nation's community pharmacies, our patients and promote healthcare equity in rural and underserved communities. If you have any questions, would like to meet with our staff to discuss additional data on the vertically merged PBMs, or require additional information, please contact Michael Baxter, Senior Director, Regulatory Policy

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Abstract

Solicitation for Comment Concerning the Business Practices of Pharmacy Benefit Managers

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