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2014 ERISA Advisory Council Report: PBM Compensation and Fee Disclosure (PDF)
Advisory Council on Employee Welfare and Pension Benefit Plans, via the Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]Link to more items from this source
Mar. 26, 2015
"After receiving testimony and information from multiple sources, including representatives of PBMs, plan sponsors, plan consultants, plan auditors, pharmacy groups, governmental agencies, and other interested persons, the Council recommends that the Department should consider making Section 408(b)(2) Regulations applicable to welfare plan arrangements with PBMs, and thereby deem such arrangements reasonable only where PBMs disclose direct and indirect compensation, including compensation paid among related parties such as subcontractors, in a manner consistent with current Section 408(b)(2) Regulations. The Council also recommends that the Department should consider issuing guidance to assist plan sponsors in determining whether to and how to conduct a PBM audit of direct and indirect compensation."

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