Final rule · United States · Employee Benefits Security Administration

Employee Benefits Security Administration requires pharmacy benefit managers to disclose detailed compensation to large self-insured health plans

As of our last check on November 3, 2026, this is final but not yet in effect. It takes effect January 4, 2027.

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.

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In short

What changed
The Employee Benefits Security Administration (EBSA), part of the Department of Labor, issued a final rule under the Employee Retirement Income Security Act (ERISA). It requires pharmacy benefit managers (PBMs) and their affiliated brokers and consultants to give detailed compensation disclosures to fiduciaries of large self-insured group health plans: before a contract is entered or renewed, then every six months, with a yearly audit right for the plan.
Who's affected
The rule covers self-insured group health plans of employers with an average of at least 100 employees, or plans with at least 100 participants, and the PBMs that serve them. Fully insured plans, smaller plans and plans of sponsors in the drug supply chain are outside the rule's detailed disclosures.
What to do
The new disclosure and audit duties fall on PBMs, starting with plan years beginning on or after July 1, 2027. For employers acting as plan fiduciaries, the one new step applies only if a PBM fails to comply and the fiduciary wants the rule's exemption. In that case the fiduciary must ask for a fix in writing, notify the Department of Labor if the PBM does not fix it within 90 days, and document whether it keeps the contract.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

New or changed

Required

Worth considering

Open questions

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

  • For contracts already in place, and for renewals that fall shortly before a plan year beginning on or after July 1, 2027, when must the first initial disclosure arrive?

    The rule applies to plan years beginning on or after July 1, 2027, and treats 90 calendar days before a renewal as reasonable notice, but it does not say how the two interact for existing or soon-renewing contracts.

  • What does the Department's temporary enforcement policy say for service providers outside this rule, such as third-party administrators and independent brokers?

    The rule refers to a temporary enforcement policy in its section D, and this record does not cover section D of the rule (its discussion of the Consolidated Appropriations Act, 2026 amendments and how providers comply with the statutory disclosure rules).

Related changes

History

  1. Latest · · Issued

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

Sources