Joanne Roskey Comments on Removal of PBM and Insurer Data Reporting Requirement from CR in Bloomberg Law
Subtitle
"Employers Mourn Loss of Drug Data Transparency in Stopgap Bill"
Bloomberg Law
Joanne Roskey, a former Deputy Associate Solicitor at the U.S. Department of Labor (DOL) and former Chief of the Division of Health Investigations in DOL's Employee Benefits Security Administration (EBSA), commented on the removal of language from the final continuing resolution passed by Congress on December 20 that would have required pharmacy benefits managers and insurance companies to provide extensive data reporting around pricing, usage, distribution, and rebates for prescription drugs. A separate provision deleted from the final bill would have clarified which health plan service providers must disclose fees under ERISA, which would also have had a major impact on health plan contracts, Roskey said. Those requirements, had they passed, could have impacted claims and defenses in ERISA health plan fee litigation over potential lapses in fiduciary duties, she added.