To amend the Employee Retirement Income Security Act of 1974 to ensure that pharmacy benefit managers are considered fiduciaries, and for other purposes.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 6837 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 6837 To amend the Employee Retirement Income Security Act of 1974 to ensure that pharmacy benefit managers are considered fiduciaries, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES December 18, 2025 Mr. Auchincloss (for himself and Mr. Mackenzie) introduced the following bill; which was referred to the Committee on Education and Workforce _______________________________________________________________________ A BILL To amend the Employee Retirement Income Security Act of 1974 to ensure that pharmacy benefit managers are considered fiduciaries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHING FIDUCIARY DUTIES OF PHARMACY BENEFIT MANAGERS. (a) Deeming Pharmacy Benefit Managers as ERISA Fiduciaries.-- Section 3(21) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(21)) is amended by adding at the end the following: ``(C) A person or entity shall be deemed to be a fiduciary with respect to a group health plan for the purposes of this Act if the person or entity-- ``(i) maintains for the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage a prescription drug provider network or prescription drug formulary through the purchase of prescription drugs from a drug manufacturer, distributor, wholesaler, rebate aggregator, group purchasing organization, or any associated third party; or ``(ii) engages in, on behalf of, or in connection with, the group health plan, the plan sponsor or plan administrator of such plan, or a health insurance issuer offering group health insurance coverage-- ``(I) the negotiation or aggregation o