Former Rep. Tiahrt: Pharmacy Benefit Manager bill could shut down CVS in Kansas | Opinion
With many in Kansas frustrated with the high cost of prescription drugs, the end of the legislative session in Topeka this year saw a flurry of proposed health care reforms.
Among the entities squarely in the crosshairs were pharmacy benefit managers, or PBMs, companies that help manage prescription drug benefits by negotiating discounts with drug manufacturers, processing pharmacy claims and creating pharmacy networks to help ensure patients get the medications they need at the lowest possible cost.
As legislators prepare for the 2026 session there are now rumors circulating that the Kansas Legislature may soon take up a bill banning PBMs from owning or operating pharmacies in the state — or vice versa.
Given the vital role PBMs play in managing both costs and access — and the long history in Kansas of support for free markets and limited government — it’s concerning that the state may now be moving toward a policy that would dismantle this model.
The proposal reportedly under consideration would replace market-based solutions with government mandates and institute a sweeping ban on pharmacy operations that would effectively dictate how companies can operate. It would not only disrupt how prescription drugs are delivered in this state but would also send the wrong message to employers and health care providers about Kansas’s business climate.
A law similar to this proposal in Arkansas, known as Act 624, passed earlier this year and offers a cautionary tale.
CVS Health, one of the providers set to be most impacted, was forced to announce plans to close 23 retail pharmacy locations across Arkansas. Those closures will affect more than 340,000 patients, eliminate over 500 local health care jobs, and leave more than 10,000 patients without access to specialized pharmacy care.
If Kansas enacts a similar ban, the consequences will be even greater.
More than 50 CVS pharmacy locations in the state could be forced to close, disrupting care for hundreds of thousands of patients. Independent pharmacies, while vital to their communities, often lack the scale, staffing, and resources to absorb that kind of upheaval overnight.
In some cases, they may not be able to fill the gap at all, particularly when it comes to complex specialty medications or mail-order delivery services.
That disruption would hit rural Kansans and veterans the hardest. Many rely on mail-order pharmacies — many of which are PBM affiliated — because they live far from a retail location or face mobility challenges that make travel difficult.
If they are managing chronic illnesses or undergoing cancer treatment, they often depend on the convenience, consistency, and support services offered by large, integrated pharmacies.
Limiting these options could result in real harm — not just inconvenience, but delayed or missed doses of life-saving prescriptions.
Such a PBM ban might also not even survive in court.
In July, a federal judge blocked Arkansas’s Act 624, finding it likely violates the Commerce Clause and is federally preempted. The court said the law discriminated against out-of-state companies and tried to protect local pharmacies at competitors’ expense, and would conflict with TRICARE — a Defense Department managed health system for uniformed service members, retirees, and family members.
Passing a similar bill in Kansas would almost certainly invite similar costly litigation, only to be struck down, and leave patients and pharmacies to deal with the fallout.
None of this is to say that high drug prices aren’t a legitimate concern. They are.
But if we want to lower costs in a way that actually works for patients, lawmakers should resist the temptation to score quick political points.
Instead, they need to adopt a thoughtful approach that strengthens pharmacy access and keeps costs down, especially in underserved areas, while focusing on outcomes that protect patients, preserve choice, and encourage market competition.
Actions speak louder than words. If Kansas wants to remain a top destination for businesses and families then lawmakers should avoid policies that chase out health care providers, disrupt care for veterans and families, and open the state up to expensive legal challenges. Kansans deserve better than a prescription that makes things worse.
Todd Tiahrt is a former member of Congress who represented Wichita and South Central Kansas. He is now president of Capitol Connections, a Washington government affairs consulting and lobbying firm.
