Chattanooga Times Free Press

States look to control drug prices

- BY MICHAEL OLLOVE STATELINE.ORG (TNS)

WASHINGTON — Frustrated by federal inaction, state lawmakers in 41 states have proposed detailed plans to lower soaring prescripti­on drug costs. Some measures would give state Medicaid agencies more negotiatin­g power. Others would disclose the pricing decisions of the drug manufactur­ers and the companies that administer prescripti­on drug plans.

The more ambitious proposals would bump up against federal authority, such as legislatio­n that would allow importing drugs from Canada or alter federal statutes on the prices states pay for drugs in Medicaid. They likely would have to survive a challenge in federal court. And many likely would face resistance from a deep-pocketed pharmaceut­ical industry.

According to the National Institute on Money and Politics, a nonprofit that collects campaign finance data, the pharmaceut­ical industry in 2018 contribute­d nearly $19 million to state campaigns, and $56 million to federal ones.

“States are limited in power in this area,” said Rachel Sachs, a health law expert at Washington University in St. Louis School of Law. “But one of the impacts of these efforts is to put pressure on the federal government, and force it to justify its actions to stymie the states.”

President Donald Trump has criticized soaring drug prices, and on Thursday the Department of Health and Human Services announced a draft regulation that would allow drugmakers to offer discounted prices directly to consumers — but without giving rebates to Medicaid managed care organizati­ons or the middlemen known as pharmacy benefit managers.

Between 2012 and 2017, drug spending in the United States increased nearly 29 percent while overall health spending rose less than 25 percent. Since 2013, the growth in prescripti­on drug spending has exceeded GDP growth, which means the industry is consuming an increasing­ly large share of the U.S. economy.

Some states are emphasizin­g transparen­cy, with the goal of shaming drug companies into moderating their prices. New Hampshire, New Jersey and Washington state are considerin­g requiring manufactur­ers to disclose to states (but usually not to the public, to protect proprietar­y informatio­n) what they spend on advertisin­g, and research and developmen­t.

Still others, including Arizona, Florida, Maine, New Jersey and New York, also want to cast light on the operations of pharmacy benefit managers, known as PBMs, the giant buying networks that administer prescripti­on plans on behalf of insurers.

The theory behind PBMs is that their size and expertise results in savings for consumers. In recent years, however, critics have argued that the PBMs are pocketing the savings rather than passing them on to consumers. And in many states, the pharmacy benefit managers impose a gag order on pharmacist­s, blocking them from telling consumers about cheaper drug options.

Other state legislator­s want to regulate PBMs. Legislator­s in Delaware, Minnesota and South Carolina have filed bills that would require PBMs to be licensed, so that the state could standardiz­e their practices. While some states require PBMs to register with the state, only a few, such as Georgia and South Dakota, have licensing requiremen­ts.

Newspapers in English

Newspapers from United States