Harshbarger speaks at Hawkins Legislative Breakfast

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One could say that State Sen. Bobby Harshbarger (R-Kingsport) has adjusted to life in the Tennessee Legislature.

Fellow State Rep. Gary Hicks (R-Rogersville) gave Harshbarger praise as being recognized by various legislators as being one who “listens” more than he speaks.

High praise indeed from a veteran legislator who has represented Hawkins County for the last several terms.

On the other hand, this is Bobby Harshbarger’s first term in the State Senate after winning election in 2024. He said that last year’s legislative session went well because there were no “controversial” bills. That was when he learned that every bill is “controversial” to someone or some group.

Harshbarger talked about a bill to help professional pharmacists in Tennessee called the “Freedom, Access and Integrity in Registered Pharmacy (FAIR Rx) Act,” or Senate Bill 2040.

According to Harshbarger, Pharmacy Benefit Managers have created conflicts of interest that can restrict patient choice, increase costs and jeopardize continuity of care. He seeks to support patient choice, particularly in rural and medically underserved areas to protect public health by preventing these conflicts of interest that result in inflated costs, reduced transparency and steering of patients to PBM-owned entities.

Under current rules, these PBMs both set and receive reimbursement, creating the “conflicts of interest,” akin to “the fox guarding the henhouse.”

“That’s like asking Bank of Tennessee to come in and audit First (Horizon),” Harshbarger said.

“The (mom and pop) pharmacies are (in trouble),” Harshbarger said. “These patients are getting scared to their competition. Then Caremark found out that they are reimbursing themselves more for the same drugs. Caremark reimbursed themselves 16,000% more for the same drug. I’m even sure how the Federal Trade Commission allowed this.”

The bill’s intent is separate financial control from patient care decisions, approve affordability and protecting rural and community pharmacy access.

Should the bill be passed, on and after January 1, 2027, a pharmacy benefits manager shall not, directly or indirectly, acquire, hold, control, or otherwise possess any ownership or beneficial interest in, or exercise control over, a pharmacy license or a pharmacy license holder, whether through ownership, contract, or any other arrangement, including through management, staffing, leasing, supply, franchise, service, formulary, or revenue-sharing agreements, or any other arrangement that transfers operational control or economic benefit to the pharmacy benefits manager.

Harshbarger, 41, was elected State Senator for Sullivan and Hawkins counties in 2024. A pharmacist, he is a graduate of ETSU with a double major in Biology and Chemistry and graduated Mercer University College of Pharmacy and Health Sciences with a Doctorate in Pharmacy. He is the Second Vice Chair of the Health and Welfare Committee; a member of the Energy, Agriculture and Natural Resources Committee; and a member of the Judiciary Committee.

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