The latest effort to make more information about pharmacy benefit managers
available to employers began July 25 when a committee of industry participants
and observers began work on a set of standards that PBMs must meet in order to
receive an industrywide seal of approval.
The meeting came a day after 10 PBMs—including two of the largest, Medco
Health Solutions and Caremark Rx—agreed to pass on their rebates and follow a
set of standards detailed by a 56-employer purchasing coalition created by the
HR Policy Association. Members of the group include Caterpillar and IBM.
During the past five years, however, PBMs have come under attack for not
acting in the best interests of their clients, particularly for not disclosing
sweetheart deals with pharmaceutical companies and not passing savings from
rebates on to their clients.
Despite fierce resistance from PBMs, insurance companies and chambers of
commerce, laws governing the industry have been passed in several states and
proposed in 24 others, much to the delight of doctors, drugstore chains and
pharmacists.
Supporters say both the certification and accreditation will allow the
marketplace to police itself.
"Mandates simply drive up the cost of doing business with PBMs for everyone,"
says Marianne Fazen, who is part of the National Business Coalition on Health
and a board member of URAC, the organization that will manage the accreditation
program.
Some provisions in state laws could find their way into the accreditation
process, says Debra Friedman, senior vice president at URAC. One of the more
comprehensive laws passed in 2003 in Maine addresses the issue of transparency
by requiring all PBMs to pass discounts on to customers.
That provision would not likely become an accreditation standard because "it
would be too prescriptive," Friedman says, though it is a part of the
56-employer coalition standards for certification.
Fazen says receiving rebates is "not the issue." She would like to see
standards that detail how PBM services are calculated. "The issue is, where is
the money coming from and where is it going?" she says.
At the core of the Maine law is a provision requiring PBMs to act in the best
economic interest of their customers, says one of its architects, Sharon Treat,
a former Maine state legislator who is now executive director of the National
Legislative Association on Prescription Drug Prices, a nonpartisan group working
to reduce prescription drug prices.
Employers would like to see the concept of the fiduciary duty of PBMs adopted
as part of an accreditation requirement, Fazen says.
PBMs, for their part, have a lukewarm attitude toward accreditation. Medco
says it would support accreditation that "would highlight industry best
practices," but could not commit to participating in creating the standards.
Once the standards are detailed this fall, the public will have a chance to
comment.
—Jeremy Smerd