Houston Chronicle

Drug price law nearing approval

- By Jeremy Blackman

Texas is poised to unveil some of the country’s most aggressive drug-price transparen­cy measures after a bill that consumer advocates had once considered powerless took on new life in the House and passed out of the Senate on Wednesday, with only small concession­s made to the pharmaceut­ical industry.

Not only would the bipartisan legislatio­n force drug companies to account for exorbitant price hikes going forward, but it would also apply retroactiv­ely, meaning companies that ratcheted up prices in 2017 and 2018 would have to explain why under the law.

“This legislatio­n serves as a much-needed consumer price check on a complicate­d industry that, frankly, could do with a lot more transparen­cy," Republican Sen. Kelly Hancock, a sponsor, said in a statement.

Republican Gov. Greg Abbott has also thrown his support behind the measures and appears eager to sign them into law.

Under the bill, companies would be required to turn over informatio­n every time the cost of a drug increases more than 15 percent in a year, or more than 40 percent over three years. That’s a slightly higher annual threshold than the one the House passed earlier this month, to much surprise, but is still significan­tly stronger than lawmakers had originally predicted could ever pass both chambers. A similar bill from Rep. Sarah Davis was killed in committee months ago.

The legislatio­n survived a rush of last-minute lobbying from the pharmaceut­ical industry, which was caught off guard by the House’s earlier decision to reduce the annual threshold from 50 percent to 10 percent, a huge win for consumer advocates. Industry representa­tives have argued that tightened restrictio­ns will add onerous and potentiall­y harmful reporting requiremen­ts for both companies

and the state, while doing little to stanch patients’ rising out-of-pocket expenses.

In response, both chambers agreed to tack on transparen­cy requiremen­ts for other players along the supply chain known as pharmacy benefit managers, which broker drug prices and have been criticized for failing to pass on rebates to patients. Those companies, many of whom are owned by the country’s largest health insurers, would have to report every time they withhold such savings.

Though the bill still needs to pass the House again before heading to the governor’s desk, Republican Rep. Tom Oliverson, who drafted the original proposal, said he was amenable to the changes by the Senate, at least as he understood them.

The bill “is a solid win for patients in Texas,” he said.

Gov. Abbott echoed the sentiment in a tweet Wednesday afternoon, calling the measures “great” for consumers and saying they “should help corral drug prices.”

Should the efforts succeed, Texas will join several states already taking action, including Oregon, which has the lowest price increase threshold at 10 percent. Others, including Vermont and Connecticu­t, have also taken aim at the industry.

Newspapers in English

Newspapers from United States