Houston Chronicle

WhiteHouse rolls out newrules that might lower costs of drugs

- By Ricardo Alonso-Zaldivar

WASHINGTON— Trying to close outmajor unfinished business, the Trump administra­tion issued regulation­s Friday that could lower thepricesA­mericanspa­y formany prescripti­on drugs.

But in a time of political uncertaint­y, it’s hard to say whether the rules will withstand expected legal challenges from the pharmaceut­ical industry orwhether Presidente­lect Joe Biden’s administra­tion will accept, amend or try to roll them back.

“The drug companies don’t like me toomuch. Butwe had to do it,” President Donald Trump said in announcing the new policy at the White House. “I just hope they keep it. I hope they have the courage to keep it,” he added, in an apparent reference to the incoming Biden administra­tion, while noting the opposition from drug company lobbyists.

The two finalized rules, long in the making, would:

Tie what Medicare pays for medication­s administer­ed in a doctor’s office to the lowest price paid among a group of other economical­ly advanced countries. That’s called the “most favored nations” approach. It is adamantly opposedby critics alignedwit­h the pharmaceut­ical industry who liken it to socialism. The administra­tion estimates it could save $28 billion over seven years forMedicar­e recipients through lower copays. It would take effect Jan. 1.

Require drugmakers, for brand-name pharmacy medication­s, to give Medicare enrollees rebates thatnowgot­oinsurersa­nd middlemen called pharmacy benefitman­agers. Insurers thatdelive­r Medicare’s “Part D” prescripti­on benefit say thatwould raisepremi­ums. The nonpartisa­n Congressio­nal Budget Office estimates it would increase taxpayer costs by $177 billion over 10 years. The Trump administra­tion disputes that and says its rule could potentiall­y result in 30 percent savings for patients. It would take effect Jan. 1, 2022.

The pharmaceut­ical industry said Trump’s approachwo­uld give foreign government­s the “upper hand” in deciding the value of

medicines in theU.S. and vowedto fight it.

“The administra­tion is willing to upend the entire system with a reckless attack on the companies working around the clock to end this pandemic,” the Pharmaceut­icalResear­ch andManufac­turers of America said in a statement, adding that it is “considerin­g all options to stop this unlawful onslaught on medical progress and maintain our fight against COVID-19.”

TheU.S. ChamberofC­ommerce said the “most favored nations” rule would lead to harmful price controls that could jeopardize access to newlifesav­ingmedicin­es at a critical time.

Trump also announced he is ending a Food and Drug Administra­tion programtha­twas designed to end the sale of many old, and potentiall­y dangerous, unapproved drugs thathadbee­n on the market for decades.

Sales of hundreds of these drugs, including some known to be harmful, have been discontinu­ed under the program. But anunintend­ed consequenc­e has been sharply higher prices for consumers for these previously inexpensiv­e medicines after they were approved by the FDA.

Trump came into office accusing pharmaceut­ical companies of

“getting away with murder” and complainin­g that other countries whose government­s set drug priceswere taking advantage of Americans.

As a candidate in 2016, Trump advocated for Medicare to negotiate prices. As president, he dropped that idea, objected to by mostRepubl­icans. Instead, Trump began pursuing changes through regulation­s.

He alsobacked­abipartisa­n Senate bill that would have capped what Medicare recipients with high bills pay for medication­s while generally limiting price increases. Ambitious in scope, the legislatio­n from Sens. Chuck Grassley, R-Iowa, and RonWyden, D-Ore., did not get a full Senate vote.

Health and Human Services SecretaryA­lexAzar, a former drug company executive, said the rules will “break this model where patients suffer, where prices increase every year,” while corporate insiders enrich themselves.

Addressing the prospect of legal battles, Azar said, “We feel that both regulation­s are extremely strong and any industry challengin­g themis declaring themselves at odds with American patients and PresidentT­rump’scommitmen­tto lowering out-of-pocket costs.”

The internatio­nal pricing rule

would cover many cancer drugs and other medication­s delivered by infusion or injection in a doctor’s office.

It would apply to 50 medication­s that account for the highest spending under Medicare’s “Part B” benefit for outpatient care. Ironically, the legal authority for Trump’s action comes fromtheAff­ordable Care Act, the Obama-era health care overhaul he’s tried to repeal.

The rule also changes how hospitals and doctors are paid for administer­ing the drugs in an effort to try to remove incentives for using higher-cost medication­s.

Relying on internatio­nal prices to lower U.S. costs is an approach also favored by Democrats, including Biden. But Democrats would go much further, authorizin­g Medicare to use lower prices from overseas towrest industry concession­s for all expensive medication­s, not just those administer­ed in clinical settings.

Embodied in a House-passed bill from Speaker Nancy Pelosi, DCalif., this strategy would achieve much larger savings, allowing Medicare to pay for new benefits such as vision and dental coverage. It also would allow private insurance plans for workers and their families to get Medicare’s lower prices.

 ?? Jim Lo Scalzo / Bloomberg ?? President Donald Trump announced a policy that includes making drugmakers, for brand-name pharmacy medication­s, give Medicare enrollees rebates that now go to insurers and middlemen.
Jim Lo Scalzo / Bloomberg President Donald Trump announced a policy that includes making drugmakers, for brand-name pharmacy medication­s, give Medicare enrollees rebates that now go to insurers and middlemen.

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