March 19, 2024

Warren, Lankford, Colleagues Call for Senate Leadership to Act Immediately to Lower Cost of Prescription Drugs

“There are few issues that unite members of the 118th Congress like reforms that result in savings and accountability.”

Text of Letter (PDF)

Washington, D.C. – Senators Elizabeth Warren (D-Mass.) and James Lankford (R-Okla.), sent a letter to Majority Leader Chuck Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.) to call for immediate action on reforming pharmacy benefit managers (PBMs) in an effort to reduce the cost of prescription drugs. 

“Immediate action is needed to address these harmful practices by PBMs,” the senators wrote, “Americans deserve and expect protection from inflated prescription drug costs, forced pharmacy closures, formulary manipulation, and barriers to their pharmacy of choice that result from harmful PBM tactics. We cannot sit idly by while patients suffer. We urge you to work as early as this month to enact specific PBM reforms that address these concerns and capitalize on the bipartisan effort and momentum in the House and Senate.”

The letter has the support of the National Association of Chain Drug Stores (NACDS), the National Community Pharmacists Association (NCPA), the Food Industry Association (FMI), the National Grocers Association (NGA), and the National Association of Specialty Pharmacy (NASP).

The letter was also signed by Senators Chuck Grassley (R-Iowa), Jon Tester (R-Mont.), Shelley Moore Capito (R-W.Va.), Sherrod Brown (D-Ohio), Joni Ernst (R-Iowa), Joe Manchin (D-W.Va.), Roger Marshall, M.D. (R-Kan.), Catherine Cortez Masto (D-Nev.), Markwayne Mullin (R-Okla.), Ben Ray Luján (D-N.M.), Jim Risch (R-Idaho), Peter Welch (D-Vt.), Thom Tillis (R-N.C.), Maria Cantwell (D-Wash.), Martin Heinrich (D-N.M.), Angus King (I-Maine), Tim Kaine (D-Va.), Mark Warner (D-Va.), and Bob Menendez (D-N.J.).

Senator Warren has led the fight for affordable health care and fair practices in the health care industry:

  • On November 22, 2023, Senators Warren and Mike Braun (R-Ind.) sent a letter urging the Department of Health and Human Services (HHS) Inspector General to determine if vertically-integrated health care companies are hiking prescription drug costs and evading federal regulations.

  • On November 9, 2023, Senator Warren sent a letter to Federal Trade Commission (FTC) Chair Lina Khan and Commissioners Bedoya and Slaughter expressing disappointment with the FTC’s proposed consent order allowing pharmaceutical giant Amgen to move forward with its acquisition of Horizon Therapeutics (Horizon) and urging the FTC to reject the use of behavioral and structural remedies going forward. In the letter, Senator Warren underscored FTC’s responsibility to hold Big Pharma accountable and protect competition and access to pharmaceutical products, given concerns that deals such as this one could raise the price of medicine.

  • In October 2023, U.S. Senator Warren and Representative Pramila Jayapal (D-Wash.) sent a letter to the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC), urging them to carefully scrutinize UnitedHealth Group’s (UHG’s) pending acquisition of Amedisys. The lawmakers urged the agencies to scrutinize similar deals, reject behavioral or structural remedies, and oppose any health care acquisition that would threaten competition, increase prices, and reduce quality of care. 

  • In September 2023, Senator Warren and Representative Becca Balint (D-Vt.), along with a bicameral group of lawmakers, submitted a public comment to the Federal Trade Commission (FTC) and the Department of Justice (DOJ) in support of the agencies’ proposed merger guidelines.

  • In June 2023, at a hearing of the Senate Finance Committee, Senator Warren raised concerns about how profiteering in Medicare Advantage (MA) is driving vertical consolidation in health care.

  • In March 2023, Senator Warren sent a letter to FTC Chair Lina Khan and Commissioners Alvaro Bedoya and Kelly Slaughter urging them to carefully scrutinize CVS Health Corp’s (CVS) pending acquisition of Oak Street Health, Inc (Oak Street).

  • In January 2023, Senator Warren sent a letter to Federal Trade Commission (FTC) Chair Lina Khan and FTC Commissioners Alvardo Bedoya and Rebecca Kelly Slaughter urging the agency to closely scrutinize two pending big pharmaceutical mergers: Amgen and Horizon Therapeutics, and Indivior and Opiant.

  • In March 2022, Senator Warren called out Big Pharma for price-gouging on prescription drugs and providing misleading information on their high drug prices.

  • In February 2022, Senators Warren, Angus King (I-Maine), and Congressman Lloyd Doggett (D-Texas) urged HHS to exercise march-in rights for life-saving cancer drug Xtandi to dramatically lower its price for millions of Americans. She also called out big pharma and insurance companies’ tricks to squeeze taxpayers and Medicare beneficiaries. And she called for passage of the Build Back Better Act, which includes provisions that could generate billions in savings and give the Department of Health and Human Services the authority to negotiate prices on some high-price drugs. 

  • In June 2021, Senator Warren led a letter questioning PhRMA's lobbying efforts to block policies that would lower drug costs for millions of Americans. 

  • At a Senate Finance Committee hearing in May 2021, Senator Warren called for trade negotiations that put patients over big pharma profits. 

  • Senator Warren has also introduced legislation that would radically reduce drug prices through public manufacturing of prescription drugs, including the Affordable Drug Manufacturing Act with Congresswoman Schakowsky. With Senator Shaheen, she introduced the End Taxpayer Subsidies for Drug Ads Act, legislation that would close a big pharma advertising loophole.

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