Two senators who agree on almost nothing just drew a bright line through American healthcare: no more owning both the tollbooth and the road.
Quick Take
- Sen. Elizabeth Warren and Sen. Josh Hawley introduced a bipartisan bill aimed at breaking up vertically integrated “Big Medicine” conglomerates.
- The target is corporate “double-dipping” across insurance, pharmacy benefit managers, pharmacies, and medical providers under one roof.
- Supporters argue consolidation drives higher prices, fewer choices, and worse care; industry leaders argue integration improves convenience and value.
- The push builds on a prior bipartisan PBM effort and follows rising federal scrutiny of PBM practices and healthcare market power.
The Warren-Hawley alliance signals a rare Washington pressure point
Senators Warren of Massachusetts and Hawley of Missouri paired up on legislation to force major healthcare corporations to choose sides: you can be the insurer, or you can own the pharmacy and the middleman, but not all of it. That unusual partnership matters because it suggests a political opening wider than a normal partisan skirmish. Voters feel healthcare inflation in every refill and bill, and lawmakers finally seem willing to challenge the corporate structure behind it.
The bill’s core concept resembles “Glass-Steagall” logic applied to medicine: separate functions that create conflicts of interest when they sit inside one conglomerate. When the same parent company controls coverage decisions, the PBM negotiating layer, the pharmacy counter, and sometimes the clinic, the incentives can tilt away from patients. Conservatives who prefer competition over cronyism should recognize the risk when market power replaces transparent pricing and local choice.
Vertical integration turned healthcare into a closed loop of incentives
Healthcare consolidation accelerated after 2000, and the country now has giant firms that didn’t dominate the Fortune 20 back then. UnitedHealth Group stands out as both the largest healthcare company and a major employer of doctors, a combination that would have sounded surreal a generation ago. Hospital markets also tightened, with most metro areas becoming highly concentrated. By 2023, a large share of physicians worked for hospitals, insurers, or private equity, not independent practices.
PBMs sit at the center of the argument because they process the bulk of prescription claims, and the largest PBMs tie directly to major insurers. Critics say this structure lets companies steer patients toward affiliated pharmacies or preferred drugs while squeezing independent pharmacies and limiting real consumer choice. The public usually experiences it as confusion: formularies that change, surprise denials, and “your plan requires you to use this pharmacy” rules that feel less like care and more like a captive market.
What the legislation tries to prohibit, and why that matters
The proposed approach focuses on ownership overlap. The bill aims to stop a single company from owning both sides of key healthcare transactions, the legal equivalent of telling a referee he can’t also own one of the teams. Supporters argue this is how you cut through the fog of “negotiated rates” and “rebates” that patients never see. They also argue it restores normal competitive pressure, where a pharmacy competes on service and price rather than corporate alignment.
Enforcement matters as much as the headline. The proposal points toward federal agencies with teeth, not voluntary promises that dissolve after the news cycle ends. The earlier legislative effort in 2024 sought divestitures on a defined timeline and then died in Congress, a reminder that lobbying muscle can smother reforms quietly. That history also explains the urgency in the current push: without a structural rule, the system keeps rewarding scale, not patient outcomes.
The strongest argument for a breakup is simple: follow the money path
Critics describe a “double-dip” problem: the conglomerate can profit at multiple points in a single patient’s journey. If your insurer owns the PBM and the pharmacy, and your doctor’s group sits in the same orbit, the company can collect administrative fees, spread pricing, and negotiated rebates while also controlling where you go and what you receive. That alignment may look “efficient” on paper, but it can also hide rent-seeking behind complexity.
From a conservative, common-sense perspective, the most persuasive case is not partisan rhetoric; it’s the basic marketplace principle that buyers should know the price and sellers should face competition. A system that pushes patients into narrow networks while shielding the true cash flows from scrutiny does not feel like free enterprise. It feels like managed dependency, where paperwork replaces choice and consolidation replaces accountability.
The best counterargument: integration can reduce friction, even if it also reduces options
Industry leaders argue the vertical model works for consumers, claiming it coordinates care and lowers costs through scale. That argument deserves a fair hearing because coordination problems are real, especially for older patients juggling multiple prescriptions and providers. One-stop convenience can be genuine value. The credibility gap appears when consumers see premiums rise, pharmacy options shrink, and independent providers disappear. Convenience alone doesn’t justify market power if the savings never materialize at the kitchen table.
The next fight will turn on specifics: what counts as prohibited ownership, how quickly divestitures must happen, and whether lawmakers will hold the line when the ad campaigns start. Federal scrutiny of PBMs and recent settlements have already shown the limits of incremental tweaks. The Warren-Hawley bet is that only structural separation changes behavior. If Congress fails again, consolidation will keep compounding, and the healthcare “middle” will keep getting thicker, costlier, and harder to challenge.
Sources:
Elizabeth Warren and Josh Hawley: A bipartisan Senate duo aims to break up “Big Medicine”
It’s time to break up Big Medicine
FTC Settlement With Express Scripts Is A Mixed Bag — Congress Still Must Act
Bipartisan bill targeting joint ownership of PBMs, health insurers and pharmacies dies in Congress
Senators unveil bipartisan plan to lower drug costs


















