In a move that will deepen Oregon’s pharmacy access crisis, Democratic legislative leaders have indicated they will not advance any version of House Bill 3212 this session. The bill, which enjoys broad bipartisan and bicameral support, was designed to address abusive contracting practices by insurance companies and their pharmacy benefit manager (PBM) middlemen.
Over the past year, pharmacists and community leaders participated in a stakeholder process led by Representative Rob Nosse (D-Portland), Chair of the House Health Care Committee, that resulted in the final version of HB 3212. The bill would increase transparency and rein in anti-competitive PBM contracting practices that are making it impossible for pharmacies to survive. It has the support of Oregonians, patient advocacy groups, chambers of commerce and more. Yet at every step, PBMs and their insurance partners fought to weaken the bill and now appear to have succeeded in convincing Democratic leaders in the House that corporate profits should take precedence over the needs of community pharmacies and the patients they serve.
“This is an abdication of leadership by House Speaker Julie Fahey (D-West Eugene & Veneta),” said Brian Mayo, Executive Director of the Oregon State Pharmacy Association. “Democrat super majorities claim that improving healthcare access, outcomes, and equity are top priorities. Yet by failing to advance PBM reforms, they are helping to bury community pharmacies. Pharmacists have been sounding the alarm for years about how PBMs are driving closures. Every session, the legislature allows these corporate middlemen to kill or weaken essential reforms offering up work groups or study sessions in place of real reform. By doing nothing, Democrats are endorsing the status quo. If they let HB 3212 die, they will be complicit in the harm that follows, and it will be the most vulnerable Oregonians that pay the steepest price.”
More than 200 pharmacies, both independent and chain, have closed in Oregon since 2008. Rite Aid has recently announced plans to close more than 30 locations across the state. Patients are already experiencing longer wait times, delayed prescriptions, and reduced access to pharmacy care. Oregon now ranks second worst in the nation for pharmacy access and is on track to become the worst. This crisis is a direct result of unchecked PBM power and continued legislative inaction.
“PBMs and insurance companies have developed a highly effective playbook to kill PBM reform at the state level,” said Jeff Harrell, President of the National Community Pharmacists Association and an Oregon pharmacy owner. “Even though they are major drivers of prescription drug costs and are making record profits, they consistently distort the data to push fear-based narratives and false claims that PBM reform will raise prices or hurt patients. Republican-led states have shown real resolve in standing up to these corporate tactics and passing meaningful reform. The Governor of Arkansas recently touted her state’s successful PBM reform efforts in The New York Times. That type of leadership stands in stark contrast to what is happening here in Oregon where, unfortunately, it seems the PBM playbook is working on the Democrats who control the legislature.”
Darin Harbick (R-Rainbow), a Republican member of the House Health Care Committee, affirmed House Republican support for HB 3212 and called on Democratic leadership to act before the session ends, “This is another case where Democrats are siding with big special interests over working class Oregonians,” said Representative Harbick. “Pharmacy closures are devastating rural communities, where patients are already forced to drive long distances just to fill a prescription. Republicans recognize the value of community pharmacies as small businesses and providers of essential care. If Democratic leadership allows HB 3212 to move forward, Republicans are ready to vote YES to preserve pharmacy care in every community.”
House Bill 3212 is currently assigned to the House Rules Committee and there is still time for House Democratic Leadership to correct course and pass HB 3212 before the 2025 legislative session adjourns.
“This is the moment where Democratic leaders must decide whether to stand up to the corporate interests that have blocked meaningful reform for years or allow Oregon’s pharmacy access crisis to spiral further out of control,” said Brian Mayo. “The welfare of Oregonians literally hangs in the balance.”
