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NJ S4698

NJ S4698
Provides that pharmacy benefits managers have fiduciary duty to financial interests of covered persons.


summary

Introduced
10/20/2025
In Committee
10/20/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill provides that pharmacy benefits managers have a fiduciary duty to the financial interests of covered persons. Pursuant to current law, pharmacy benefits managers interacting with covered persons have the same duty to the covered persons as the health benefits plan or carrier for whom it is performing pharmacy benefits management services. Pursuant to the bill, that duty would continue, but pharmacy benefits managers would have an additional fiduciary duty to the financial interests of covered persons. In this context, fiduciary duty means that the pharmacy benefits manager must prioritize the financial interests of covered persons above the interests of the health insurance carrier with which it contracts.

AI Summary

This bill amends existing New Jersey law to explicitly require pharmacy benefits managers (PBMs) to have a fiduciary duty to the financial interests of covered persons, in addition to their existing responsibilities to health insurance carriers. Specifically, the bill mandates that PBMs must now prioritize the financial interests of patients above the interests of the health insurance carriers they contract with, while maintaining their existing duties of good faith and fair dealing. The legislation reinforces existing requirements for carriers to monitor PBM activities related to prescription drug benefits and ensures that all funds received by PBMs are used or distributed according to their contracts or applicable law. The bill also maintains provisions that prevent carriers or PBMs from requiring patients to pay more at the point of sale for a prescription drug than the applicable cost-sharing amount or the cash price of the medication. The new requirements will apply to all health benefits plans, including state employee plans, Medicaid, and self-insured plans, and will take effect 180 days after enactment, applying to all contracts and policies delivered, issued, executed, or renewed after that date.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Commerce Committee (on 10/20/2025)

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