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U.S. GOVERNMENT
INFORMATION 4
119TH CONGRESS REPORT
2d Session j HOUSE OF REPRESENTATIVES 119-729
PBM KICKBACK PROHIBITION ACT
JULY 2, 2026.-Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. WALBERG, from the Committee on Education and Workforce,
submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany H.R. 7895]
The Committee on Education and Workforce, to whom was re-
ferred the bill (H.R. 7895) to amend section 408 of the Employee
Retirement Income Security Act of 1974 to prohibit kickbacks to
pharmacy benefit managers, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the PBM Kickback Prohibition Act.
SEC. 2. PROHIBITION ON PHARMACY BENEFIT MANAGER KICKBACKS.
(a) IN GENERAL.-Section 408(b)(2)(B) of the Employee Retirement Income Secu-
rity Act (29 U.S.C. 1108(b)(2)(B)) is amended by adding at the end the following:
(xi)(I) In the case of a contract or arrangement between a covered plan and
a covered service provider for pharmacy benefit management services, no
amount of compensation (whether direct compensation or indirect compensa-
tion) may be paid by such service provider to any individual or entity for-
(aa) the referral, recommendation, placement, retention, or renewal of,
or access to, the business of the covered plan or the health insurance issuer
offering health insurance coverage for the covered plan;
(bb) inclusion in, participation in, or the design of-
(AA) a request for proposal;
(BB) a market check;
(CC) an evaluation;
(DD) the volume, value, or use of covered plan business; or
(EE) any other contracting process.
69-006](ViewImageLocal?handle=hein.congrecreports/crptxaikr0001&div=1&collection=&method=preview&ext=.png&size=3)