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Chairman Jim Jordan | House Committee on the Judiciary website

House committees seek information from CVS Health on potential anticompetitive practices

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Rep. Jim Jordan and Rep. Thomas Massie have sent a letter to David Joyner, President and CEO of CVS Health, requesting documents related to CVS Caremark's practices. The inquiry focuses on whether these practices limit patient access to services through independent pharmacies.

The letter from the House Judiciary Committee highlights concerns about the influence of Pharmacy Benefit Managers (PBMs) in the healthcare industry. It states, "The Committee on the Judiciary is responsible for examining the sufficiency of federal competition laws to protect against monopolies and other unfair restraints on trade." The committee aims to investigate if CVS Caremark is involved in activities that may harm competition or violate antitrust laws.

According to the letter, "Three PBMs reportedly control nearly 80 percent of the market for pharmacy benefit management services, with CVS Caremark alone controlling over 30 percent of the pharmacy benefit management services for Medicaid and Medicare." This market dominance could potentially impact independent pharmacies' ability to serve their communities.

The document also mentions recent innovations in digital pharmacy services that could help reduce prescription drug costs. These include pharmaceutical hub services and patient management solutions designed to simplify medication access and manage out-of-pocket expenses.

During a hearing in September 2024, Chairman Jordan asked witnesses if large PBMs could threaten independent pharmacies by cutting them off from networks if they collaborated with innovative companies. Witnesses indicated that such conduct "probably happens," raising concerns about patient welfare and innovation.

To assess this issue further, the committee has requested CVS Caremark provide documents from January 1, 2019, onwards regarding communications with independent pharmacies about pharmaceutical hubs. The deadline for submitting these documents is December 30, 2024.

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