1. Short title This Act may be cited as the Ending the Prescription Drug Kickback Act of 2023 . 2. Requirements for prescription drug benefits (a) Removal of safe harbor protection for rebates involving prescription drugs (1) Removal of safe harbor protection for rebates involving prescription drugs Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (A) in paragraph (3)(A), by striking a discount and inserting subject to paragraph (5), a discount ; and (B) by adding at the end the following: (5) Removal of safe harbor protection for rebates involving prescription drugs (A) In general The safe harbor described in paragraph (3)(A) shall not apply to a rebate or other remuneration, including a rebate or other remuneration intended to influence formulary tier placement or its equivalent, from a manufacturer of prescription drugs or an entity that provides pharmacy benefits management services. (B) Definitions In this paragraph: (i) Entity that provides pharmacy benefits management services The term entity that provides pharmacy benefits management services means— (I) any person, business, or other entity that provides, directly or through an intermediary, the service of— (aa) negotiating terms and conditions with respect to a prescription drug on behalf of a health plan under a Federal health care program; or (bb) managing the prescription drug benefits provided by the plan, which may include formulary management, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services