H.R. 10369
Net Effective Cost Transparency and Prescription Drug Affordability Act of 2026
Sponsor: Ryan Mackenzie
4 cosponsors
Official summary
No official summary yet.
Text of the bill
(a) Net effective costs
(1) Requirement. Section 408(b)(2)(B)(iii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(iii)) is amended by adding at the end the following:
(VII) A description, in a uniform format, of the projected net effective cost for the applicable plan year for each bid received by the covered service provider on behalf of the covered plan from an entity providing pharmacy benefit management services.
(2) Definition. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by inserting after paragraph (45) the following:
(46) Net effective cost. The term net effective cost means, in relation to a bid provided to a covered plan (as defined in section 408(b)(2)(B)(ii)) by an entity providing pharmacy benefit management services, the total annual cost to the covered plan of all covered drugs in the formulary that would be furnished to all enrollees in such plan for such year if such bid were accepted.
(b) Bona fide service fees defined. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002), as amended by subsection (a)(2), is further amended by adding at the end the following:
(47) Bona fide service fees. The term bona fide service fees means fees charged that represent fair-market value for bona fide, itemized services performed on behalf of a drug manufacturer or a covered plan (as defined in section 408(b)(2)(B)(ii)) and that the manufacturer would otherwise perform, or the covered plan would otherwise contract for in the absence of a service arrangement, and that are not passed on in whole or in part to the covered plan, whether or not an entity offering pharmacy benefit management services takes possession of the drug.
(c) Effective date. The amendments made by this section shall apply with respect to plan years beginning after calendar year 2027.