Proposed rule · United States · Employee Benefits Security Administration

Employee Benefits Security Administration proposes pharmacy benefit manager fee disclosures for self-insured health plans

As of our last check on November 3, 2026, this is a proposal, not a requirement. Comments closed April 15, 2026.

We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.

Added to AmendSignal

In short

What changed
The Employee Benefits Security Administration, part of the Department of Labor, proposes a rule that would require pharmacy benefit managers, and brokers or consultants affiliated with them, to disclose their compensation in detail to fiduciaries of self-insured group health plans covered by the Employee Retirement Income Security Act (ERISA). The comment deadline has been extended to April 15, 2026.
Who's affected
Employers that sponsor self-insured or level-funded ERISA group health plans, and the vendors that provide pharmacy benefit services to those plans. Fully insured plans are not covered by the proposal.
What to do
This is a proposal, so it creates no new duties for employers now. Employers with self-insured or level-funded plans may want to comment by April 15, 2026, and begin reviewing their pharmacy benefit contracts.

What changed

Who is affected

What it means in practice

  • Our analysisA. Executive Summary
    The responsible plan fiduciaries would be able to use the disclosures in their process of selecting a provider of pharmacy benefit management services, engaging an affiliated broker or consultant, monitoring these service providers' operations and compliance with contractual obligations

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure, 91 FR 4348 (January 30, 2026) (opens in a new tab)

    Benefits teams at self-insured employers would receive far more detailed pricing and compensation data from pharmacy benefit vendors, and would be expected to use it when selecting and monitoring those vendors.

  • From the source29 CFR 2550.408b-22(j)(4) (proposed)
    The covered plan shall bear responsibility for all expenses related to the selection and retention of the auditor. The covered service provider shall bear the cost of providing the requested information.

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure, 91 FR 4348 (January 30, 2026) (opens in a new tab)

    Under the proposal, the plan would pay for the auditor, and the vendor would pay the cost of providing the information.

  • From the source29 CFR 2550.408b-22(n)(1)(iii) (proposed)
    If the covered service provider fails to comply with the written request described in paragraph (n)(1)(ii) of this section within 90 calendar days of the request, the responsible plan fiduciary notifies the Secretary of the covered service provider's failure

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure, 91 FR 4348 (January 30, 2026) (opens in a new tab)

    If a vendor failed to comply, the plan fiduciary would keep relief from the prohibited transaction rules only by requesting a correction in writing and, if the vendor did not comply within 90 calendar days, notifying the Department of Labor.

  • From the sourceD.9. Consequences of Non-Compliance and Proposed Administrative Class Exemption for Responsible Plan Fiduciary--Proposed Paragraph (n)
    If the terms of an exemption are not satisfied, responsible plan fiduciaries entering into service arrangements with parties in interest to self-insured group health plans, and the parties in interest themselves, may be subject to enforcement action by the Department and imposition of a civil penalty.

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure, 91 FR 4348 (January 30, 2026) (opens in a new tab)

    When an exemption's terms are not met, plan fiduciaries and their service providers may face enforcement action and civil penalties from the Department.

  • Our analysis29 CFR 2550.408b-22(k)(4) (proposed)
    the covered service provider and its affiliates, agents, and subcontractors may not impose restrictions on the covered plan's use of disclosures required under this section

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure, 91 FR 4348 (January 30, 2026) (opens in a new tab)

    Existing pharmacy benefit contracts with restrictive audit or confidentiality terms would likely need to be revised if the rule is finalized as proposed.

What to do

Required

This is a proposed rule. It creates no requirement for employers or plan fiduciaries now. If finalized as proposed, it would apply to plan years beginning on or after July 1, 2026.

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Will the Department change the proposal to align with the Consolidated Appropriations Act, 2026 amendments on pharmacy benefit management services?

    The extension notice says the new law added disclosure, rebate pass-through and audit provisions, and asks commenters whether the rule should be adjusted.

  • How much would the proposal cost employers that sponsor self-insured plans?

    This record does not cover sections E.10 and E.11 of the rule (its benefit, transfer and cost estimates).

  • How far in advance would vendors have to give notice of material formulary changes?

    The proposal does not set a number of days, and the Department says it is considering 75 days.

Related changes

History

  1. Latest · · Extended

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure; Extension of Comment Period Source (opens in a new tab)

  2. · Issued

    Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure Source (opens in a new tab)

Sources