Martha M. Rumore, PharmD, JD, MS, LLM, FAPhA is Of Counsel at Health Law Alliance and a registered U.S. Patent Attorney

Frequently Asked Questions

How PBMs Profited from the Opioid Crisis: The Hidden Deals Fueling Addiction

Pharmacy Benefit Managers (PBMs), including major players like Express Scripts, CVS Caremark, and Optum Rx, have had a significant impact on the opioid crisis by prioritizing their financial interests over public health. These organizations, which manage prescription drug plans for over 200 million Americans, wield considerable power over drug access through their control of formularies—the lists of medications insurers cover. Evidence shows that PBMs accepted substantial payments from opioid manufacturers to avoid implementing safeguards that could have reduced overprescription.

Financial Incentives Trump Safety

Documents reveal that PBMs actively negotiated deals with opioid manufacturers like Purdue Pharma, ensuring minimal restrictions on prescription painkillers in exchange for lucrative rebates. Purdue’s internal communications described a deliberate strategy to offer rebates as a way to prevent limits on prescribing OxyContin, their flagship opioid product. These restrictions, such as limiting pill quantities or requiring additional documentation from prescribers, were intended to reduce the risk of addiction and misuse. However, PBMs often bargained these safeguards away, enabling widespread access to opioids and boosting profits for both manufacturers and themselves.

By facilitating easy access to opioids, PBMs indirectly encouraged higher prescription volumes. Pharmaceutical companies used the lack of restrictions as a selling point to market opioids more aggressively to healthcare providers. Meanwhile, PBMs and manufacturers reaped financial rewards, even as overdose rates climbed.

Gatekeepers of Access

As intermediaries between insurers, employers, and drug manufacturers, PBMs play a central role in determining what drugs patients can access and under what conditions. Their influence stems from their ability to negotiate rebate agreements with manufacturers. While PBMs claim to pass most rebates to their clients, they retain a portion as profit. This structure creates a conflict of interest, as PBMs benefit from higher rebate amounts, even if it means compromising patient safety.

For opioids, this arrangement had devastating consequences. Safety measures, such as limits on the number of pills or stricter prescribing requirements, were often sacrificed during negotiations. In practice, PBMs’ actions ensured that opioids remained easily accessible, exacerbating the addiction crisis.

Insurers and the Rebate Trap

Insurers also played a role in perpetuating the opioid crisis, as they relied on shared rebates from PBMs to manage costs. This dependence made insurers reluctant to impose restrictions on opioids, knowing such measures could jeopardize their rebate revenue. For example, one insurer initially planned to cap OxyContin prescriptions at a specific dosage but reversed course after a PBM highlighted the potential loss of rebates. The insurer instead allowed more generous limits, prioritizing financial considerations over patient safety.

This dynamic allowed the flood of opioids to continue unchecked, driving addiction rates higher. Patients often received high doses of opioids with minimal oversight, increasing the risk of dependency and diversion into illegal markets.

Delayed Response to a Growing Crisis

Despite the worsening epidemic, PBMs were slow to act. It wasn’t until 2017 that major PBMs began implementing programs aimed at addressing opioid misuse. These initiatives included dose limits and prior authorization requirements. However, internal documents reveal that financial concerns often delayed these changes. For instance, Optum Rx executives debated restricting access to opioids but hesitated, citing potential losses in rebate revenue. Even when restrictions were introduced, PBMs sought to offset their financial impact by charging insurers new fees.

Evidence of PBMs’ Complicity

Extensive documentation sheds light on the extent of PBMs’ involvement in fueling the opioid epidemic. Contracts, emails, and financial records reveal that PBMs actively worked with manufacturers to block efforts to restrict opioid access. Purdue Pharma, for example, credited its partnerships with PBMs for eliminating barriers to OxyContin’s growth. These relationships were described internally as essential for maintaining high sales volumes.

Other manufacturers, such as Mallinckrodt, adopted similar strategies. Internal communications referred to their rebate arrangements with PBMs as "pay-to-play" deals, which ensured continued access to opioids despite mounting concerns about addiction and abuse.

Mounting Legal and Regulatory Pressure

PBMs have largely avoided the intense legal scrutiny faced by manufacturers, distributors, and pharmacies. However, their role in the opioid crisis is now coming under greater examination. Regulators and lawmakers are investigating the extent to which PBMs prioritized profits over public health. The Centers for Disease Control and Prevention (CDC) issued guidelines in 2016 discouraging high-dose opioid prescriptions, prompting some PBMs to tighten their policies. However, these changes came years too late, after the crisis had already reached devastating levels.

Consequences and the Human Cost

The human toll of these practices is undeniable. By enabling widespread access to opioids, PBMs contributed to the addiction crisis that has devastated communities across the United States. Overdose deaths surged, and families were left to grapple with the consequences of a public health catastrophe fueled, in part, by corporate greed.

Although PBMs have implemented some reforms in recent years, their actions during the peak of the epidemic highlight the need for accountability. Addressing the systemic issues that allowed these practices to persist is critical for preventing similar crises in the future.

Conclusion

The opioid epidemic exposed deep flaws in the U.S. healthcare system, including the unchecked power of PBMs. By prioritizing their financial interests over patient safety, these middlemen played a significant role in exacerbating the crisis. As lawsuits and investigations move forward, the spotlight on PBMs is intensifying, raising critical questions about their responsibility and the need for stricter oversight.

MORE ARTICLES BY CATEGORY

Get a Free Consultation

100% Confidential & Secure. Your details are safe with us.

We'll speak soon!

In the meantime, why not find out more about us or visit our blog.

Alternatively, give us a call at (800) 345 - 4125

Oops! Something went wrong while submitting the form.

Ketamine Marketing Risks for Mental Health Providers

Ketamine marketing is under increasing regulatory scrutiny, with providers facing risk over claims, off-label promotion, and patient targeting. Even well-intentioned messaging can trigger audits or enforcement if it crosses compliance lines.

Read More >>

Why PBMs are Investigating Provider-Patient Relationships—And What it Means for Your Pharmacy

PBMs are ramping up audit pressure in 2026, now targeting provider-patient relationships to justify recoupments and even network terminations. Without precise documentation, even well-established prescriptions can put pharmacies at serious financial and operational risk.

Read More >>

HLA Wins Full Reversal of PBM Credentialing Denial for an Independent Pharmacy

This week, Health Law Alliance achieved full reversal of a PBM credentialing denial for a New York pharmacy—mere weeks after it received a termination notice. Read more to learn how Health Law Alliance’s tireless advocacy can help your pharmacy in credentialing disputes.

Read More >>

From Prior Authorization to Network Termination: The PBM Audit Trend Independent Pharmacies Must Watch

PBMs are increasingly targeting pharmacies over their role in the prior authorization process, using vague allegations to justify massive recoupments and even terminations. Without airtight documentation and clear procedures, even compliant pharmacies can face serious financial and legal risk.

Read More >>