Medicare Blog

why doesn't phrma want medicare to negotiate drug prices

by Constantin Kohler II Published 2 years ago Updated 1 year ago

"There's a reason why the pharmaceutical industry does not want Medicare negotiation to happen," Gellad told NPR. "And the obvious reason is because it will lower prices." Shots - Health News Obamacare Repeal Could Threaten Provisions That Help Older Adults

Full Answer

Can Medicare negotiate lower drug prices with Big Pharma?

 · The industry’s lobbying arm, Pharmaceutical Research and Manufacturers of America, or PhRMA, says U.S. patients would have less access to drugs under Medicare pricing, and innovation would suffer....

Does PhRMA want to ration Medicare?

 · And, it’s no accident that the law prohibits Medicare to negotiate lower drug prices. A recent article by the National Committee to Preserve Social Security & Medicare points out that “the drug lobby worked hard to ensure Medicare wouldn’t be allowed to cut into the profits which would flow to big Pharma thanks to millions of new customers delivered to them by Part …

Should the federal government negotiate drug prices with drug manufacturers?

 · Medicare, which does not have the authority to negotiate rebates for Part D drugs, was found to pay higher net prices, on average, for top-selling brand-name drugs than the Veterans Health Administration, the Department of Defense, or Medicaid — all of which do have the authority to negotiate prices or participate in the federal supply schedule for those drugs. …

Does Medicare have the power to control drug prices?

 · As part of a $3.5 trillion infrastructure bill, "lawmakers want to offset this amount of new spending by allowing federal officials to 'negotiate' prices …

Why is Part D money wasted?

For two reasons, a significant chunk of that money is wasted on overpayments to drug companies: When Part D began, millions of patients were shifted over from Medicaid, the state-federal program for low-income people that gets far lower drug prices than Medicare. Suddenly, the cost of providing drugs to the same people shot up.

Can Medicare negotiate with medicaid?

Congress barred Medicare from negotiating the way Medicaid and the Department of Veterans Affairs do with drug makers to get lower prices. Instead, lawmakers insisted the job be done by private insurance companies.”. This is a quote from a USA Today editorial and it highlights the absurdity of prohibiting Medicare from negotiating prescription ...

Is Medicare Part D barred from Medicare Part D?

Both Medicaid and the Department of Veteran Affairs negotiate for lower prices, but Medicare Part D, from it’s inception in 2006, is barred from doing this. This is a very different scenario than in other countries, like Canada and Europe, where all government health plans bargain with the drug companies to protect their citizens.

Does Medicare negotiate drug prices?

And, it’s no accident that the law prohibits Medicare to negotiate lower drug prices. A recent article by the National Committee to Preserve Social Security & Medicare points out that “the drug lobby worked hard to ensure Medicare wouldn’t be allowed to cut into the profits which would flow to big Pharma thanks to millions of new customers delivered to them by Part D.”

Who introduced the Medicare price negotiations bill?

Rep. Lloyd Doggett introduced a bill in March that would require Medicare drug price negotiations and actually establish a formulary for what drugs would be covered, or require the private Part D plans’ formularies to incorporate the negotiated prices. The bill was referred to committee; CBO has not analyzed it.

Who pays the negotiated prices?

Both Medicare and private insurers, if they chose to, would pay the negotiated prices.

Who said "I don't think there will be any products that aren't on the formulary so to

Scott Morton said under this proposal, “I don’t think there will be any products that aren’t on the formulary so to speak … unless something isn’t adding value.”

What countries would use international prices?

H.R. 3 would use international prices in six countries — Australia, Canada, France, Germany, Japan and the United Kingdom — to set a target price and a maximum price for negotiations. That maximum price would be 120% of the average international market price in those countries.

Will the House bill repeal the non-interference clause?

But the House bill wouldn’t repeal the noninterference clause.

Who is the pharmacist for Kamala Harris?

Pharmacist Samir Balile waits for Vice President Kamala Harris at the pharmacy in a Giant grocery store on Feb. 25, 2021, in Washington, D.C. Photo by Brendan Smialowski / AFP via Getty Images.

Does the VA have a formulary?

Veterans Affairs does set a national formulary and a ceiling on prices for its health care network. PhRMA cited a December 2020 Government Accountability Office report that found the VA paid “about half” what Medicare Part D paid on average for a sample of 399 prescriptions, both branded and generics, in 2017. One reason for the VA’s lower prices was its single, national formulary, which “can steer utilization toward a limited number of drugs within a given therapeutic class.” The many Part D plans, meanwhile, “generally have broad networks of pharmacies and as such may have broader formularies,” the GAO said.

Who would negotiate with drugmakers in Medicare?

Under H.R. 3, the Secretary of Health and Human Services (HHS) would be authorized to negotiate directly with drugmakers in the Medicare program for lower prices for up to 250 prescription drugs each year, including the 125 most costly drugs offered by Medicare Part D plans or sold anywhere in the commercial market.

How much would the drug pricing negotiation reduce federal spending?

As proposed in H.R. 3, drug pricing negotiation would reduce federal spending by $456 billion and increase revenues by $45 billion over 10 years. This would include: an increase in government revenue from employers using savings from reduced premiums to fund taxable wage increases for their workers.

What percentage of drug sales are taxed?

If a drug is selected for negotiation and the manufacturer either does not participate in negotiations with the HHS secretary or does not reach agreement on a price, an excise tax of up to 95 percent of the drug’s sales, as reported by the manufacturer, would be imposed on the manufacturer.

How many drugs are eligible for negotiation?

Each year, the HHS secretary would select at least 50 drugs from among the up to 250 drugs eligible for negotiation. Drugs that are new to market may be eligible for negotiation if the wholesale acquisition cost, also called the list price, is equal to or greater than the U.S. median household income ($78,500 in 2020).

Is there a repeal of the non-interference clause?

Many policymakers and consumer advocates have called for a straight repeal of this noninterference clause. In 2019, the U.S. House of Representatives passed a bill, H.R. 3, which included a price negotiation mechanism. Recently this bill was reintroduced in Congress.

How does H.R. 3 affect Medicare?

Negotiation that uses an upper limit based on international prices, such as the one proposed in H.R. 3, is expected to reduce costs for patients in Medicare Part D and the commercial market through lower beneficiary premiums and cost-sharing (cost-sharing for specialty drugs is generally based on a percentage of the list price). CBO estimates that H.R. 3 would reduce prices on these drugs between 57 percent and 75 percent.

What percentage of Medicare Part D is brand name?

Medicare Part D spending associated with brand-name, high-cost drugs has been growing over time. A CBO report found that 30 percent of net spending in Medicare Part D and Medicaid was attributed to brand-name drugs that accounted for only 1 percent of prescriptions in each program, with spending for these drugs quadrupling over five years. And the top 100 most costly drugs that Part D covers account for nearly 50 percent of spending.

What happens if drug prices are cut?

You obviously don’t get something for nothing. If drug prices are cut because of government pressure, then there will be an impact. To a large extent, the impact is unknowable. Health plans currently steer enrollees to their preferred medications, but the drug manufacturing market may adapt in ways not yet understood.

Which countries would be used as a benchmark for drug prices?

The cost of the drugs in six high-income countries — Australia, Canada, France, Germany, Japan and Britain — would be used as a benchmark, with a goal of negotiated prices no higher than 120 percent of the international price.

What is the non-interference clause in Medicare?

At issue is something called “ the noninterference clause .” When Part D of the Medicare program, which helps pay for prescription drugs, was created under President George W. Bush, lawmakers included a provision that prevents the federal government from having a direct role in negotiating or setting the prices for drugs in Medicare Part D, which are offered through pharmacies via private health plans. The prices currently are negotiated between manufacturers, private health plans, and pharmacies. ( Note: an earlier version of this article had incorrectly described the process for another part of Medicare .)

What does Sue say in the Medicare ad?

In the ad, Sue says that she depends on Medicare to obtain her medicines and that proposals in Congress “would make it harder for people on Medicare to get the medicines we need.”

Is Sue from PhRMA real?

Sue (a real person) is also featured in a PhRMA YouTube video in which she describes how she was diagnosed with Type 1 diabetes, an autoimmune disease, when she was 36, just after her youngest sister died of cystic fibrosis. “Tell Congress to Stand Up,” the video declares at the end. “Protect Medicare NOW.”

Does Medicare cover antidepressants?

Medicare Part D is supposed to cover at least two drugs in each therapeutic class that treats a condition. But six classes of drugs — anticonvulsants, antidepressants, antineoplastics, antipsychotics, antiretrovirals and immunosuppressants — have been deemed “protected” so that Part D plans are required to cover “all or substantially all drugs” available. “There’s nothing in our principles document that references the six protected classes or any potential changes to that part of the law,” Harvey said.

What countries have negotiated prices for single source drugs?

Cummings Lower Drug Costs Now Act, which would require the Department of HHS to negotiate prices for certain single-source, brand-name drugs that don't have generic competition. The negotiated maximum price may not exceed 120% of the average price in five countries -- Australia, Canada, France, Germany, Japan, and the U.K. The negotiated prices must be offered under Medicare and may also be offered under private health insurance.

Is the pharmaceutical industry considering proposals on Capitol Hill?

WASHINGTON -- Pharmaceutical industry representatives said Wednesday that proposals now being considered on Capitol Hill to lower patients' prescription drug costs likely will have damaging effects on new drug development and on patients' access to new medications.

Does Medicare require rebates for drugs?

The bill also requires drug manufacturers to issue rebates to CMS for covered drugs that cost $100 or more and for which the average manufacturer price increases faster than inflation, and reduces the annual out-of-pocket drug spending threshold for Medicare beneficiaries.

Does PhRMA lower drug prices?

At the briefing, PhRMA officials did not discuss any specifics of their plans for lowering drug prices, but the organization's website lists several proposals, including instituting caps on annual out-of-pocket costs for beneficiaries in the Medicare Part D prescription drug program, sharing savings from drug rebates with patients at the pharmacy counter rather than giving the rebates to insurers, and using a "market-based adjustment" system to lower some drug prices under the Medicare Part B program.

Why doesn't Medicare have the power to negotiate the best prices?

Medicare, which insures more than 60 million beneficiaries, doesn't have that power, mostly because Congress stopped it from getting the best drug prices years ago. But that could change.

What did the Medicare Negotiation and Competitive Licensing Act do?

Shutterstock. The recently introduced Medicare Negotiation and Competitive Licensing Act would put Medicare directly in charge of demanding the lowest drug prices.

What is the anti-consumer pill?

The anti-consumer poison pill was embedded in a law ironically called the Medicare Modernization Act. Among other things, it put corporate Pharmacy Benefit Managers (PBMs) in charge of acquiring drugs through Medicare's "Part D" plan.

Why doesn't Medicare have power?

Medicare, which insures more than 60 million beneficiaries, doesn't have that power, mostly because Congress stopped it from getting the best drug prices years ago. But that could change.

Can pharma companies lock in profits?

Pharma companies can lock in some of the highest profits of any industry -- for years. Countries with national or single-payer healthcare, it should be noted, offer drugs to citizens at a fraction of what U.S. consumers pay.

Who is the CEO of PhRMA?

President Obama promised PhRMA president/CEO Billy Tauzin he’d veto any legislation permitting the government to negotiate drug prices in exchange for PhRMA members spending $150,000,000 on advertising to promote ACA [ 1] .

Who passed Medicare Part D?

Representative Billy Tauzin was instrumental in passing the law creating Medicare Part D (which spent $97B providing drugs in 2018) and ban

Who pays for the Democrats' campaigns?

Like Democrats, their campaigns are paid for by Pharmaceutical Research and Manufacturers of America. This is a side effect of single member districts with plurality voting, unlike 40 of 43 European countries with proportional representation.

What is the problem with for profit health insurance?

The problem with for-profit health insurance is that from the point of view of the governance and shareholders the point of the exercise is profit, not healthcare.

Does Walmart sell Medicare?

Walmart, Publix and many other retailers already sell Medicare patients drugs for ZERO copay. Many Insurers fill perscriptions and mail thenm to patients for ZERO copay

Can Medicare prices be negotiated?

Personally, I’d allow the government to negotiate Medicare prices in exchange for resetting the patent clock when a drug is approved by the FDA. This helps patients, but it also gives the pharmaceutical companies a benefit to get them to go with the program. They may get less profit, but they collect them over a longer window.

Do wealthy people need Medicare?

It’s very simple - they are playing to their target demographic. Wealthy people don’t need to use Medicare, but they do own pharmaceutical stocks. Remember, the actual members of congress have a very cushy medical plan.

How much money did PhRMA raise in 2019?

Gage has been lobbying Congress on drug pricing issues and HR 3, according to ethics records. PhRMA raised more than $500m in 2019, and the organization is one of the top lobbying spenders in DC.

Why does Rice oppose drug pricing?

On Tuesday, Rice explained that she opposes the drug pricing measure because “I do not support advancing policies that are not fiscally responsible and jeopardize the bill’s final passage.”

What would a bill in Congress allow Medicare to do?

A bill in Congress would allow Medicare to use its bulk-purchasing power to negotiate lower drug prices. Big Pharma is not pleased

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