Request for Information – Health Coverage That Works For Everyone

October 2, 2026

The Honorable Ron Wyden

Ranking Member, Senate Committee on Finance

219 Dirksen Senate Office Building

Washington, DC 20510

Re: Request for Information – Health Coverage That Works For Everyone

Dear Ranking Member Wyden and Members of the Senate Finance Committee Minority,

The Pharmaceutical Industry Labor-Management Association (PILMA) welcomes the

opportunity to respond to the Committee’s Request for Information on private insurance

markets. PILMA is a nonprofit coalition of labor unions and biopharmaceutical manufacturers

united by a shared commitment to the workers who build and sustain America’s life sciences

industry and to ensuring those workers have access to the healthcare they have earned. Our

members negotiate health benefits and administer jointly trusteed health plans, which

depend on a functioning, fair insurance market.

When that market fails due to anticompetitive middleman practices, inadequate mental

health coverage, or opaque pricing that conceals where dollars actually go, it is working

families who bear the cost. We offer the following feedback with that perspective in mind.

PILMA’s comments respond principally to what PILMA believes are the most critical aspects

of the RFI’s questions include those contained in Section II regarding network adequacy,

prior authorization, and barriers to care, and in Section III regarding vertical integration,

pharmacy benefit manager (PBM) and third-party administrator (TPA) practices, and

transparency across private insurance markets.

Supply Chain Accountability, Vertical Integration, and Transparency

PILMA supports the Committee’s interest in addressing the harmful impacts of vertical

integration in the insurance industry. When the same corporate parent owns an insurer,

PBM, pharmacy, provider group, or other healthcare business, financial incentives can

influence which medicines are covered, which providers are included in a network, and

where patients are directed to receive care. Greater transparency is needed to ensure these

decisions serve patients rather than an affiliated company’s bottom line.

PILMA has also long raised concerns about the unchecked power of PBMs and other

middlemen in the prescription drug supply chain. Research examining spending on brand

medicines found that more than half of every dollar went to insurers, PBMs, providers, and

other entities in the supply chain.

i Workers, employers, and plan sponsors deserve to

understand where their healthcare dollars are going and whether negotiated savings are

reaching the patients and plans they were intended to benefit.

PILMA applauds the Committee’s bipartisan work on PBM reform as part of the 2026

Consolidated Appropriations Act and encourages Congress to build on that progress. PBM

compensation should not be tied to a medicine’s list price or structured to reward preference

for higher-cost products. This reform should apply beyond Medicare Part D and extend tothe commercial market. To that end, health plans should receive clear information about

rebates, fees, claims, and payments to affiliated companies.

Congress should also address practices that steer patients toward pharmacies or providers

owned by the same company as their insurer or PBM. Patients should be able to use the

provider, pharmacy, or treatment option that best meets their needs rather than being

directed to an affiliated business because it is more profitable for the insurer.

While the CCA was a good step towards requiring disclosure of information that could help

plan fiduciaries evaluate and quantify PBM performance, it still fails to address self-dealing in

a constructive manner. Many of the functions PBMs provide involve discretionary decisions

of the type which meet the definition of fiduciary under ERISA. Determinations of what drugs

should be included on the plan’s formulary, which pharmacies are included in the

participating networks, and what reimbursement rates are paid to such vendors involve

“discretionary authority and discretionary control over management of the Plan” which meet

the definition of fiduciary as promulgated by the Department of Labor.

Service providers are generally not considered fiduciaries, however, in the context of the

PBM industry, the number and variety of such decisions, as well as the complex

relationships within their corporate partners, far exceed that of a typical service provider

making prudent oversight impractical, if not impossible. One practical solution is to require

that PBMs be declared fiduciaries. By doing so, the propensity towards steering customers,

manipulating participating pharmacy networks to favor related corporations and constructing

formularies based on higher list prices would be prohibited.

Similarly, transparency principles like those contained in the CCA should apply to TPAs

serving self-insured and jointly-trusteed health plans. These plans should have ready access

to their own cost and claims data, a clear accounting of fees, compensation, and payments

made to affiliated companies. That transparency would help ensure that the Taft-Hartley

plans on which many PILMA members rely are using healthcare dollars in the best interests

of workers and their families.

Mental Health Access, Network Adequacy, and Parity

Mental health is among the most urgent and personal illustrations of why a functioning

insurance market matters. The construction sector has one of the highest suicide rates of

any industry in the country – male construction workers die by suicide at a rate 65% higher

than the average U.S. male worker.ii PILMA has made mental health a cornerstone of our

work, bringing together our industry and union partners to provide support and resources to

our members.

Despite federal parity requirements, workers and their families continue to encounter

significant disparities in access to in-network mental health and substance use disorder

services. Inadequate networks can mean longer waits, fewer available appointments, and

higher costs when workers have no choice but to seek care outside their plan’s network. An

analysis of four large commercial insurers found disparities between access to in-network

mental health and substance use disorder care and access to physical health care in 43

states.

iii

The Department of Labor’s September 2026 guidance on parity enforcementiv appropriately

focuses enforcement on treatment restrictions, prior authorization, and network adequacy.PILMA encourages the Committee to build on that framework by requiring plans to maintain

adequate behavioral health networks, keep provider directories current, and demonstrate

that workers can obtain timely in-network care. These commonsense protections would

provide workers with greater confidence that their coverage will connect them to care when

they need it.

PILMA also encourages Congress to examine prior authorization, step therapy, and other

insurance practices that unnecessarily delay mental health or substance use disorder

treatment. Plans should apply these requirements fairly and consistently, clearly explain

adverse coverage decisions, and provide patients with timely appeals when care is denied.

These protections should apply across both the fully-insured and self-insured markets.

The workers who build America’s life sciences facilities have earned their healthcare benefits

through hard work and collective bargaining. They deserve an insurance market that works

for them and their families. PILMA stands ready to serve as a constructive partner as this

work advances, and we would welcome the opportunity to provide additional detail at the

Committee’s convenience.

Respectfully submitted,

AJ Stokes

–

Executive Director,

Pharmaceutical Industry Labor-Management Association

i Berkeley Research Group. The Pharmaceutical Supply Chain, 2013–2023. January 2025.

https://www.thinkbrg.com/news/more-than-half-brand-medicine-spending-goes-to-supply-chain-middlemenother-

stakeholders/

ii Suicide Rates by Industry and Occupation — National Violent Death Reporting System, 32 States, 2016

https://www.cdc.gov/mmwr/volumes/69/wr/mm6903a1.htm

iii The Kennedy Forum. New insurer data reveals significant gaps to in-network mental health care and treatment for

substance use disorders when compared to physical health. April 14, 2026.

https://www.thekennedyforum.org/press-releases/new-insurer-data-reveals-significant-gaps-to-in-network-mental-

health-care-and-treatment-for-substance-use-disorders-when-compared-to-physical-health/

iv U.S. Department of Labor. Guiding Principles for EBSA’s Enforcement of the Mental Health Parity and Addiction

Equity Act’s Nonquantitative Treatment Limitation Requirements. September 8, 2026. https://beta.dol.gov/policy-

regulations/reference-materials/guidance-searches/ebsa-field-assistance-bulletin-no-2026-03

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