; (B) protect patient safety; or (C) protect patient access. (2) Clarification Nothing in this subsection shall be construed to prohibit a defendant from raising any other affirmative defense available. 7. Protection of personal health information In making any disclosure or report required by this Act, a pharmacy benefit manager (including their affiliates, subsidiaries, and agents) shall not include any information that would identify a patient or a provider that issued a prescription. 8. Effect on State laws Nothing in this Act shall be construed to preempt, displace, or supplant any State laws, rules, regulations, or requirements, or the enforcement thereof. 9. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered individual The term covered individual means a current or former employee, contractor, subcontractor, service provider, or agent of a pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof. (3) Health plan The term health plan means any group or individual health insurance plan or coverage, including any health insurance plan or coverage sponsored or funded by the Federal Government or the government of any State, Territory, or subdivision thereof. (4) Pharmacy benefit manager The term pharmacy benefit manager means any entity that provides pharmacy benefit management services on behalf of a health plan, a payer, or health insurance issuer. (5) Pharmacy benefit management services The term pharmacy benefit management services means, pursuant to a written agreement with a payer or health plan offering group or individual health insurance coverage, directly or through an intermediary, the service of— (A) negotiating terms and conditions, including rebates and price concessions, with respect to a prescription drug on behalf of the health plan, coverage, or payer