Contact Congress about S. 3549: PBM FAIR Act

PBMs that manage drug benefits for job-based health plans would have to act in the plan's best interest under federal benefits law. They would also have to give more pay details, and contracts could not shield them from fiduciary liability. The rules would start with plan years that begin at least 12 months after the bill becomes law.

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PBM FAIR Act is a Senate bill in committee. The latest recorded action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Latest action on S. 3549: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Who this affects: This bill mainly affects employers and unions that sponsor group health plans, the workers and family members in those plans, and the PBMs and outside administrators that help run them. Employers and unions could face more oversight work and may need to rewrite contracts. PBMs and some third-party administrators would face stricter legal duties and more disclosure rules. Workers and families could feel the effects through changes in drug coverage, pharmacy networks, and how plan drug benefits are managed.

Why this matters: This matters because PBMs make key choices that shape how prescription drug benefits work in many job-based health plans, and this bill would hold them to a stricter legal duty. It could change how PBMs handle drug coverage, pharmacy networks, rebates, and claims. It could also give employers and plan administrators a clearer view of PBM and administrator payments. The bill increases accountability, but it does not guarantee lower drug prices or lower out-of-pocket costs.

Key provisions in S. 3549

• PBMs would have to act as ERISA fiduciaries when they run key parts of prescription drug benefits for group health plans. That includes pharmacy networks, drug lists called formularies, rebates, discounts, claims, and drug-use review.
• The bill covers PBM work done for group health plans and for the people or companies that run them. It also covers work done for insurers that offer group health coverage.
• PBMs would have to give clearer pay disclosures for certain services. That includes money they expect to receive for building drug networks, managing formularies, or buying drugs for covered plans.
• Some third-party administrators would also face broader pay disclosure rules. This applies when they build provider networks, process health claims, keep records, or negotiate payment rates for covered plans.
• A service provider that must make these disclosures usually cannot also be the plan official who reviews them. The one stated exception is when a PBM sponsors a health plan for its own employees.

How Modern Action helps you take action on S. 3549

You do not have to start with a blank letter. Modern Action turns the bill, your position, and the relevant congressional context into a message you can edit and send. The goal is to make contacting Congress clear, specific, and useful without forcing you to parse bill text or figure out the right office on your own.

Questions people ask about S. 3549

What is S. 3549?

PBMs that manage drug benefits for job-based health plans would have to act in the plan's best interest under federal benefits law. They would also have to give more pay details, and contracts could not shield them from fiduciary liability. The rules would start with plan years that begin at least 12 months after the bill becomes law.

How do I support or oppose S. 3549?

Choose support, oppose, or ask for changes on Modern Action. The action flow drafts the message for you and keeps the wording tied to this bill.

Who should I contact about S. 3549?

Modern Action uses your location to route the action to the congressional offices relevant to the bill and your representation.

Can Modern Action explain S. 3549 before I act?

Yes. Modern Action gives you a plain-English summary, current status, and action context before you send anything.