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.

Jake Auchincloss · Massachusetts · Democratic

policy impact 0.65 specificity 0.95 extraction confidence 94%

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Occurrences

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

The bill would enforce its PBM rules through felony penalties and civil actions.

Text - H.R.9096 - 118th Congress (2023-2024): Pharmacists Fight Back Act | Congress.gov | Library of Congress
secondary · other · model gpt-5.5

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.

The bill would create felony penalties and civil enforcement for knowing and willful PBM violations of the Pharmacists Fight Back Act.

H.R.9096 - 118th Congress (2023-2024): Pharmacists Fight Back Act | Congress.gov | Library of Congress
secondary · other · model gpt-5.5

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.

Auchincloss introduced legislation containing the specific criminal and civil PBM enforcement mechanisms described in the claim.

partial same_term A for effort

Congress.gov Text: H.R.6609 - Pharmacists Fight Back in Medicare and Medicaid Act
secondary · model gpt-5.5 · confidence 96%

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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 bill matching the promise had not become law as of the available Congress.gov status, so the promised mechanisms were proposed but not created in law.

never same_term A for effort

Congress.gov: H.R.6609 - Pharmacists Fight Back in Medicare and Medicaid Act
secondary · model gpt-5.5 · confidence 95%

Contest this evidence item

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.

No floor passage, Senate passage, presentment, or public-law action appears for H.R.6609; the legislative attempt remained pending in committee.

never same_term A for effort

Actions - H.R.6609 - Pharmacists Fight Back in Medicare and Medicaid Act
secondary · model gpt-5.5 · confidence 94%

Contest this evidence item

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).

The proposed PBM criminal penalties had not been incorporated into the U.S. Code by that date; Congress.gov status confirms H.R.6609 later remained only introduced.

never same_term

42 USC 1320a-7b: Criminal penalties for acts involving Federal health care programs
secondary · model gpt-5.5 · confidence 88%

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Assessments

never same_term A for effort

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.

provider codex_cli · model gpt-5.5 · confidence 94%