By Erin Powell, RHU® | Seubert Compliance Officer
Employer plan sponsors are facing a fundamental shift in the pharmacy benefits landscape driven by two major developments:
- The FTC / Express Scripts settlement, and
- The PBM reform provisions in the Consolidated Appropriations Act of 2026 (CAA 2026).
Together, these changes significantly expand transparency, accountability, and fiduciary risk for employer-sponsored group health plans.
FTC / Express Scripts Settlement: Enforcement Has Arrived
The FTC’s settlement with Express Scripts signals a clear message:
PBM practices are no longer just contractual issues—they are regulatory risks.
Key implications for employer plan sponsors:
- PBMs must substantiate pricing and reimbursement practices
- Certain steering and exclusionary behaviors are under heightened scrutiny
- The FTC has established a roadmap for future PBM enforcement actions
While the settlement applies directly to the PBM, employer plans that adopt or tolerate opaque PBM arrangements may face increased fiduciary exposure.
For more information about FTC/Express Scripts settlement click here.
CAA of 2026: PBM Reform Becomes Mandatory
The CAA of 2026 codifies PBM reform into federal law, imposing new statutory obligations on group health plans, including:
- Expanded PBM compensation and fee disclosures
- Enhanced drug cost transparency
- New PBM reporting and notice requirements
- Stronger alignment with ERISA fiduciary standards
Unlike prior transparency rules, these requirements are not optional and cannot be delegated away.
Under ERISA, employer plan sponsors remain responsible—even when vendors perform the reporting.
For more information about CAA of 2026 PBM Reform click here.
For a comparison between both the FTC Settlement and CAA of 2026 PBM Reform click here.
Reach out to Seubert today to begin renegotiating your pharmacy contract, ensuring complete transparency and unlocking maximum savings.
Erin is the Compliance Officer in Seubert’s Employee Benefits Department. She joined Seubert in 2008 and has more than 17 years of experience in the employee benefits and compliance industry. In her current role, Erin is responsible for ensuring awareness of new developments and/or changes in the various federal and state laws that may impact a business’ employee benefits program.
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