# 119-s-4509: PBM Act

119-s-4509, PBM Act, is a 119th Congress bill sponsored by Sen. Warren, Elizabeth [D-MA] (D-MA); status introduced; PRIA reads it as touching household money (as of 2026-08-11).

- Canonical: https://policyrisk.com/legislation/119-s-4509
- As of: 2026-08-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-4509
- Congress: 119
- Title: PBM Act
- Status: introduced
- Introduced: 2026-05-13
- Sponsor: Sen. Warren, Elizabeth [D-MA] (D-MA)
- Cosponsors: 3
- Policy area: Health
- Touches household money: yes
- Last recorded action: 2026-08-11

## Summary

**Ends vertical integration between pharmacies and insurers or pharmacy benefit managers (PBMs).** This bill would bar any person from owning or controlling a pharmacy and an insurer or PBM at the same time and would require divestiture of the pharmacy within one year. - Consumers and communities: Would create an enforcement path to recover overcharges by requiring disgorgement of revenues from the violation period and by putting 10 percent of monthly profits into escrow if divestiture milestones are missed. Escrowed funds could be directed to a fund for harmed communities, including overcharged consumers. - Independent pharmacies and corporate owners: Would force companies that combine pharmacy ownership with PBMs or insurers to sell their pharmacies within one year, allow appointment of a divestiture trustee to oversee sales, and toll divestiture clocks during waiting periods. - Enforcement and legal remedies: Would give the Federal Trade Commission and Department of Justice joint and separate authority to enforce the rule, let state attorneys general and the HHS Inspector General bring actions, and create a private right of action with treble damages and attorneys’ fees. Courts could order injunctive relief, divestiture, and disgorgement to the FTC fund.

## Cosponsors (3)

- Sen. Hawley, Josh [R-MO] (R-MO), 2026-05-13T00:00:00.000Z
- Sen. Fetterman, John [D-PA] (D-PA), 2026-05-13T00:00:00.000Z
- Sen. Marshall, Roger [R-KS] (R-KS), 2026-05-13T00:00:00.000Z

## Provisions PRIA read

- Ban on pharmacies owned by insurers or PBMs: benefit, high. If enacted, this bill would make it illegal for the same person to own or control both a pharmacy and either an insurer or a pharmacy benefit manager. The rule covers direct and indirect ownership, operation, control, or direction. The ban would take effect when the law is enacted. If passed, this…
- Divestiture rule with 10% monthly escrow: benefit, high. If enacted, any person found to violate the ownership ban would have to divest the pharmacy within one year after enactment. The FTC Chair and the Justice Department must give divestiture milestones within 30 days. Companies that miss milestones would have to transfer 10 percent of their monthly pr…
- Stronger enforcement and private lawsuits: benefit, medium. If enacted, federal agencies and state attorneys general could sue to stop violations and force divestitures. The bill would let individuals bring private lawsuits with possible treble damages, attorney fees, and jury trials on request. Courts could order injunctions, divestiture, and disgorgement…
- Definitions for pharmacies and PBMs: benefit, medium. If enacted, the bill would define a pharmacy broadly to include retail, mail-order, specialty, hospital, nursing home, long-term care, infusion, and similar licensed dispensers. It would define a pharmacy benefit manager by what the entity does, including negotiating drug prices or rebates, designi…

## Related bills

- 119-s-1748: Kids Online Safety Act
- 119-s-2613: Warehouse Worker Protection Act
- 119-s-237: Honoring Our Fallen Heroes Act of 2025
- 119-s-1816: Improving Seniors’ Timely Access to Care Act of 2025
- 119-s-1032: Major Richard Star Act
- 119-sres-913: A resolution relating to the death of the Honorable Nancy Kassebaum, former United States Senator for the State of Kansas.

## Sources
- [119-s-4509 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/4509)

## Related
- [119-s-1748: Kids Online Safety Act](https://policyrisk.com/legislation/119-s-1748)
- [119-s-2613: Warehouse Worker Protection Act](https://policyrisk.com/legislation/119-s-2613)
- [119-s-237: Honoring Our Fallen Heroes Act of 2025](https://policyrisk.com/legislation/119-s-237)
- [119-s-1816: Improving Seniors’ Timely Access to Care Act of 2025](https://policyrisk.com/legislation/119-s-1816)
- [119-s-1032: Major Richard Star Act](https://policyrisk.com/legislation/119-s-1032)
- [119-sres-913: A resolution relating to the death of the Honorable Nancy Kassebaum, former Uni…](https://policyrisk.com/legislation/119-sres-913)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-4509 (as of 2026-08-11).