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Home Politics & Law

Pharmaceutical Power and the Fight for Reform: Untangling the Complex Web of U.S. Drug Pricing

From federal scrutiny of the 340B program to state-level crackdowns on pharmacy benefit managers, America’s healthcare policy is entering a period of long-overdue reckoning with cost, access, and corporate consolidation.

 Kumar Ramalingam by Kumar Ramalingam
May 15, 2025
in Politics & Law
0

Few corners of the U.S. healthcare system are as opaque—or as fiercely contested—as the terrain of drug pricing. This spring, two seemingly disparate developments—one in Washington, D.C., and the other in Little Rock, Arkansas—have placed the pharmaceutical supply chain squarely in the crosshairs of policymakers.

First, the Senate Health, Education, Labor and Pensions (HELP) Committee released a comprehensive report calling for sweeping reforms to the 340B Drug Pricing Program, a federal initiative that requires drug manufacturers to provide outpatient medications at reduced prices to healthcare organizations serving vulnerable populations. The program, created in 1992 with bipartisan support, has grown exponentially over the last decade—from $9 billion in drug purchases in 2014 to over $38 billion in 2022, according to the Health Resources and Services Administration (HRSA).

Originally designed to ensure that safety-net providers could stretch scarce resources and serve the uninsured, the 340B program has morphed into a high-stakes arena where contracted pharmacies, hospital systems, and drug manufacturers jockey for financial advantage. The HELP Committee’s report accuses several actors in the system—including large hospital networks—of exploiting the program’s loose oversight to reap profits without always delivering corresponding benefits to low-income patients.

“The 340B program has lost its way,” stated Senator Bernie Sanders (I-VT), Chair of the HELP Committee, during a hearing in late April. “Too many entities are gaming the system. We need transparency, accountability, and above all, a recommitment to serving those who need it most.”

The report’s findings include calls for stricter reporting requirements, clearer definitions of eligible patients and providers, and legislative guardrails to ensure that 340B revenue directly supports indigent care. While industry trade groups such as the American Hospital Association have pushed back, arguing that 340B funds are critical lifelines amid dwindling reimbursement rates, even some health policy experts concede that reform is overdue.

“340B is a classic case of good intentions gone bureaucratically awry,” notes Dr. Julia Sheridan, a health economist at the Brookings Institution. “It has been a safety valve for underfunded providers, but in the absence of regulatory clarity, it’s also become a profit center.”

Meanwhile, more targeted action is unfolding in the states. Arkansas recently passed legislation that prohibits pharmacy benefit managers (PBMs) from owning or operating pharmacies, a landmark move aimed at curbing what critics describe as an egregious conflict of interest in the pharmaceutical distribution chain.

PBMs serve as the intermediaries between insurers, drug manufacturers, and pharmacies, negotiating prices and determining which medications appear on formularies. Over time, many PBMs—particularly the “big three” (CVS Caremark, Express Scripts, and OptumRx)—have acquired or vertically integrated with retail pharmacies, sparking concerns about market manipulation and unfair reimbursement practices.

By barring PBMs from owning pharmacies, Arkansas has taken one of the most aggressive stances yet against consolidated pharmaceutical power, arguing that such arrangements distort market competition and limit patient access. State lawmakers cited cases in which independent pharmacies were reimbursed below cost for prescriptions, while PBM-owned pharmacies profited from the same transactions.

“This is about preserving a free and fair market,” said Arkansas State Representative Lee Johnson, who sponsored the bill and is also a practicing physician. “When PBMs play both buyer and seller, patients and independent providers are left behind.”

The Pharmaceutical Care Management Association (PCMA), the lobbying group representing PBMs, has threatened legal action, asserting that the law will restrict the ability of PBMs to manage drug costs efficiently. However, supporters of the legislation point to recent Federal Trade Commission investigations into PBM practices as evidence that federal regulators, too, are starting to question the status quo.

These federal and state-level efforts reflect a larger unraveling of trust in the pharmaceutical middlemen who operate between manufacturers and patients. Whether through 340B abuses or PBM consolidation, what’s increasingly clear is that the labyrinthine drug supply chain is no longer immune from public scrutiny.

But reform won’t come easily. As with many areas of U.S. healthcare, efforts to untangle the web of pharmaceutical pricing are met with fierce resistance—from entrenched interests, overlapping regulatory authorities, and the ever-present risk of unintended consequences. Some fear that aggressive changes to 340B could further destabilize safety-net hospitals, while others worry that limiting PBM operations could paradoxically raise drug costs if purchasing power is fractured.

Still, momentum is building, and the political narrative is shifting. What was once technical policy debate has entered the public imagination—driven by headlines, patient stories, and the increasing affordability crisis surrounding prescription drugs.

“We’re at an inflection point,” says Dr. Samira Voss, a public policy scholar at Georgetown University. “The old frameworks are cracking under the weight of market consolidation, lack of transparency, and political will. Whether we can replace them with something more equitable is the challenge ahead.”

What unites the debates over 340B and PBMs is a growing consensus that America’s drug pricing system, long defended as complex but efficient, is neither. As new reforms take shape—incremental or transformative—the real test will be whether these changes serve the patients who rely most on a system that has, for too long, served itself.

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 Kumar Ramalingam

Kumar Ramalingam

Kumar Ramalingam is a writer focused on the intersection of science, health, and policy, translating complex issues into accessible insights.

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Videos

Summary

In this episode of the Daily Remedy Podcast, Dr. Joshi discusses the rapidly changing landscape of healthcare laws and trends, emphasizing the importance of understanding the distinction between statutory and case law. The conversation highlights the role of case law in shaping healthcare practices and encourages physicians to engage in legal advocacy by writing legal briefs to influence case law outcomes. The episode underscores the need for physicians to actively participate in the legal processes that govern their practice.

Takeaways

Healthcare trends are rapidly changing and confusing.
Understanding statutory and case law is crucial for physicians.
Case law can overturn existing statutory laws.
Physicians can influence healthcare law through legal briefs.
Writing legal briefs doesn't require extensive legal knowledge.
Narrative formats can be effective in legal briefs.
Physicians should express their perspectives in legal matters.
Engagement in legal advocacy is essential for physicians.
The interpretation of case law affects medical practice.
Physicians need to be part of the legal conversation.
Physicians: Write thy amicus briefs!
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