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Elevate Provider Network (Elevate) recently disclosed that it has received a request for records from the Federal Trade Commission (FTC). The FTC has been investigating the contracting practices of PBMs since 2022.
However, the PBMs have not fully complied in turning over all requested information. In its interim report, the FTC specifically noted: “The failure of certain respondents to timely produce data and documents has hindered the ability of the Commission to perform its statutory mission.” Because the FTC has had difficulty obtaining documents and information from PBMs, the agency could only issue an interim report on its findings.
To combat the lack of cooperation from PBMs, the FTC has been sending civil investigative demands (CIDs) to individual pharmacies and PSAOs, like Elevate. A CID is a form of subpoena and a tool used by the FTC to obtain records from witnesses that have information relevant to its PBM investigation. Receiving a CID subpoena does not mean that the recipient is under investigation. As part of its response to the request, Elevate is not disclosing any protected health or personally identifiable information. The pharmacy and PSAO records will shed light on PBM contracting practices, retroactive fees and other PBM practices, and it will help fill in gaps left by the PBMs' failure to provide all requested records.
We applaud the FTC for continuing to collect information in support of its 6(b) study of PBMs and encourage any of our members that receive the CID to promptly cooperate so the FTC can complete its PBM study.
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