If Your PBM Contract Were Challenged, Could You Show Your Work?
If Your PBM Contract Were Challenged, Could You Show Your Work?
Employers are used to being asked what their pharmacy benefit costs. Now they are asked how they decided, and who checked. Plaintiffs' firms have filed class actions against large employers, claiming plan fiduciaries failed to oversee pharmacy benefit manager (PBM) contracts. In March 2026, a federal court let part of one such case move forward. Other suits have been dismissed. Still, every plan sponsor should be able to answer one question: if someone asked, could your committee show its work?
What the Lawsuits Actually Allege
The central theory is spread pricing, where a PBM charges the plan more for a drug than it pays the pharmacy and keeps the difference. Plaintiffs also argue that fiduciaries did not monitor fees and drug prices, and did not consider alternatives such as pass-through arrangements. A New Jersey federal court dismissed one case in November 2025 because the plaintiffs could not show how the fees affected their own costs, while a New York federal court let claims tied to the PBM relationship continue in another. Either way, plaintiffs are building cases around the sponsor's process, not only the PBM's prices.
Disclosure Rules Are Arriving on Different Clocks
The Department of Labor proposed a rule in January 2026 that would have PBMs serving self-insured plans disclose manufacturer payments, spread compensation, and amounts recouped from pharmacies, before a contract is signed or renewed and twice a year after, with audit rights. It remains a proposal. If finalized, it could apply as early as January 1, 2027 for calendar-year plans. Separately, the Consolidated Appropriations Act (CAA) 2026, signed February 3, 2026, requires PBMs to pass through 100 percent of rebates each quarter and gives plans annual audit rights, with those reforms taking effect January 1, 2029 for calendar-year plans. Our fees are fully auditable and focused on the lowest net cost, a feature sponsors can test against the new disclosures.
What Benefits Leaders Can Do Before the Next Renewal
Start with the paper trail, which a sponsor fully controls.
- Keep records of how the PBM was selected and renewed, including RFP materials and fee comparisons.
- Confirm the contract grants audit rights, data access, and full disclosure of compensation.
- Review fees and performance on a set schedule, and write down what the committee concluded.
- Check that plan documents name who holds fiduciary authority and that daily practice matches.
Reporting that can be run on demand makes the review step easier. Our ClearSight platform includes a library of hundreds of reports that can be scheduled for recurring runs or pulled as needed, and our business intelligence offering puts real-time claims, analytics, reporting, prior authorizations, and formulary management in one system, so a committee reviews one set of numbers.
The ProCare Rx Perspective
Documentation is only as good as the data behind it. At ProCare Rx, we build our model around clear rebate structures, defined service fees, and straightforward net cost reporting, so plan sponsors can see what they pay and why. A practical test: ask your PBM for twelve months of compensation, broken out by rebates, fees, and pharmacy pricing, and see whether your team can reproduce the totals. If any piece is hard to get, that is worth knowing before renewal. Our team can show you what a line-by-line compensation breakdown looks like and how to check each line against your contract language.
Sources:
https://www.dol.gov/newsroom/releases/ebsa/ebsa20260129
About ProCare Rx
ProCare Rx is a privately held, independent pharmacy benefit manager (PBM) that has empowered healthcare and self-insured organizations since 1988. We provide fully integrated, in-house solutions—including claims adjudication, clinical program design, pharmacy network access, cost containment, and data analytics—all supported in the U.S. Our flexible, transparent model serves self-insured employers, third-party administrators (TPA), brokers, health plans, health systems, managed care organizations (MCO), unions, workers’ compensation programs, Medicare, Medicaid, hospices, and other PBMs. With a proprietary technology platform, commitment to ethical operations, and a focus on lowest net cost, ProCare Rx delivers long-term value, clinical performance, and trusted pharmacy benefit partnerships.
Media Contact:
Marc Cohen,
SVP, Marketing
marketing@ProCareRx.com










