Krishnamoorthi, Carter, Ross, Bentz Author Letter Calling on DOJ to Investigate PBMs’ Role in Opioid Crisis

WASHINGTON - Today, Reps. Raja Krishnamoorthi (D-IL), Earl "Buddy" Carter (R-GA), Deborah Ross (D-NC), and Cliff Bentz (R-OR) sent a bipartisan letter to Attorney General Merrick Garland calling on the Department of Justice (DOJ) to investigate what role pharmacy benefit managers (PBMs) played in exacerbating the opioid crisis. In the letter, the members cite investigative reports from Barron's that found PBMs increased rebates if a health care plan covered higher amounts of OxyContin, leading to an increase in opioid sales that furthered the epidemic. Purdue Pharma, for example, reportedly gave CVS Caremark double the number of rebates for authorizing four or more opioid pills per day instead of just two.

"Recent reports, including confidential files and information from CVS Caremark, Express Scripts, and Optum Rx, suggests the three largest PBMs colluded and conspired to steer patients towards Oxycontin in exchange for $400 million… [and] at the expense of innocent American lives." The members wrote in the letter. "The lack of transparency surrounding PBM's rebate agreements and formulary decisions has allowed them to operate with little to no oversight, posing a significant threat to America's public health. That is why we strongly urge the Department of Justice to investigate the role PBMs may have played in the opioid crisis and hold them accountable."

Congressman Krishnamoorthi has been a congressional leader on the issue, calling for PBM reform and championing several pieces of legislation that would increase transparency within the industry. In October, Congressman Krishnamoorthi testifiedbefore the Senate Judiciary Committee on how PBMs raise prices of prescription drugs for their own profits at the expense of Americans in desperate need of medication. The congressman also cited findings that PBMs are squeezing local and independent pharmacies, forcing more business to come to pharmacies operated by the three largest PBMs.

The full letter sent to the DOJ is available here.