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Radar On Market Access: PhRMA, Conservatives Criticize Pelosi Drug Pricing Legislation

Posted by Lauren Flynn Kelly on Oct 10, 2019

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Although there is bipartisan support for drug pricing reform and recent bills introduced in the House and the Senate share some concepts, conservatives and pharmaceutical manufacturers have found plenty to dislike about the drug pricing legislation unveiled in September by House Speaker Nancy Pelosi (D-Calif.), AIS Health reported.

In addition to restructuring the Part D benefit to include an out-of-pocket cap, the Lower Drug Costs Now Act (H.R. 3) would allow the HHS secretary to negotiate drug prices for at least 250 drugs where there is no effective competition. Manufacturers would be subject to certain transparency requirements and a "noncompliance fee." Moreover, the bill would require that the negotiated price should be no more than 1.2 times the weighted average of the price in six other countries.
 
Speaking at AHIP's 2019 National Conference on Medicare, held Sept. 23-24 in Washington, D.C., American Action Forum President Douglas Holtz-Eakin called H.R. 3 a "terrible bill" and said the structure of an upper limit and a noncompliance penalty is not negotiation but is "price fixing and extortion." He also argued that its proposed inflation rebate would only incentivize manufacturers to create high launch prices.

Also speaking at the conference, PhRMA Senior Vice President for Policy and Research Jennifer Bryant said that while Pelosi's bill is being presented as a "benign and fairly incremental approach," the proposed structure is "not actually one of negotiation at all and is about tying prices in the U.S. to prices internationally." Moreover, she challenged AHIP, which released a statement in support of the Pelosi bill, to make a case for an "alternative that reduces costs through competition."

Meanwhile, Pelosi advisor Wendell Primus made a last-minute appearance at the conference to outline the bill and express the speaker’s confidence that it could come to a Senate vote by the end of October.


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