A PBM, or any person acting on behalf of a PBM, that knowingly and willfully violates this Act shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000,000 for each act in violation, or imprisoned for not more than 10 years, or both. ... A person may bring a civil action for violation of this Act
Create criminal and civil enforcement mechanisms for knowing and willful PBM violations of the Pharmacists Fight Back Act, including felony penalties of up to $1 million per violation or up to 10 years imprisonment.
Occurrences
The bill provides that a PBM, or any person acting on behalf of a PBM, that knowingly and willfully violates the Act shall be guilty of a felony and may be fined up to $1,000,000 for each act in violation, imprisoned for up to 10 years, or both, and authorizes civil actions for violations.
Evidence
H.R.6609 was introduced by Rep. Jake Auchincloss on December 11, 2025. Its text adds PBM penalties for knowing and willful noncompliance, including felony punishment up to $1,000,000 or 10 years imprisonment, and civil monetary penalties of $1,000,000 per act.
Congress.gov lists H.R.6609 as sponsored by Rep. Jake Auchincloss, introduced December 11, 2025, referred to House committees, and still at the Introduced stage rather than passed or enacted.
The all-actions page shows three actions, all on December 11, 2025: introduction and referral to the House Energy and Commerce and Ways and Means committees.
The current U.S. Code text in effect on February 17, 2026 shows 42 U.S.C. 1320a-7b with existing subsections through subsection (h), not H.R.6609's proposed new PBM subsection (i).
Assessments
Auchincloss introduced H.R.6609 in the 119th Congress with the promised PBM criminal and civil enforcement language, including felony penalties up to $1 million or 10 years imprisonment and civil monetary penalties. However, the evidence shows the bill remained only introduced and referred to committee, with no passage, enactment, or incorporation into 42 U.S.C. 1320a-7b. Because he made a serious legislative attempt but the promised enforcement mechanisms were not created in law, this is not delivered, with effort credit.