CVS is suing Tennessee over a recently passed PBM law. But advocates for independent pharmacies say it could be the lifeline they’ve been waiting for. The state’s FAIR Rx Act, signed into law by Gov. Bill Lee on May 22, tackles vertical integration by prohibiting companies that own a pharmacy benefits manager (PBM) or a health insurance issuer from having more than 5% ownership interest in a pharmacy in the state. (The original bill called for a full ban.) CVS—which owns an insurer (Aetna), a PBM (Caremark), and the largest retail pharmacy chain in the country—filed a lawsuit that same day, arguing the law protects in-state pharmacies while discriminating against them, and violates a US Constitution clause that prohibits states from “discriminating against or unfairly burdening out-of-state businesses,” CVS spokesperson Amy Thibault told us in an emailed statement. The law is intended to take effect Jan 1, 2028. If it does, it could level the competition for independent brick-and-mortar stores, regional pharmacy chains, and even national pharmacy chains or chains owned by grocery stores, Anthony Pudlo, CEO of professional group the Tennessee Pharmacists Association, told us. In other words, he said, “just about everybody that is not a vertically integrated pharmacy.” Anyone else feeling a sense of déjà vu?—CC |