The Mercury News

Brown to sign bill on drug pricing

Under law, pharmaceut­ical industry must give notice, reasons when raising prices

- By Tracy Seipel tseipel@bayareanew­sgroup.com

SACRAMENTO >> What is believed to be the nation’s most comprehens­ive legislatio­n aimed at shining a light on prescripti­on drug pricing is expected to be signed into law Monday morning by Gov. Jerry Brown, according to an advisory issued by his office Sunday.

The announceme­nt, which dealt a blow to the drug industry, did not include any comment from Brown, though he is expected to offer his thoughts and a signing statement at the ceremony Monday.

Senate Bill 17 aims to make drug prices for both public and private health plans more transparen­t in California. It would do so by requiring pharmaceut­ical companies to notify health insurers and government health plans like MediCal at least 60 days before scheduled prescripti­on drug price hikes that would exceed 16 percent over a two-year period. It would also force drug companies to explain the reasons behind those increases.

Authored by Sen. Ed Hernandez, D-West Covina, and co-authored by Assemblyma­n David Chiu, D-San Francisco, the bill has been strongly opposed by the pharmaceut­ical industry which has spent millions on lobbyists and ads to defeat it, partially out of fear that SB 17 could become a national model and the first major step toward price controls.

Hernandez welcomed Brown’s advisory but remained cautious.

“I don’t want to take anything for granted,” he said. “A lot of things could happen between

today and tomorrow — or whenever.”

A similar bill Hernandez introduced last year, SB 1010, was watered down with enough amendments that he pulled it from considerat­ion.

But the uproar over stratosphe­ric drug costs that has been building in the past few years rose exponentia­lly last summer with headlines over the $600-plus retail price for a two-pack of EpiPens, the lifesaving auto-injector that treats severe allergy attacks.

Hernandez’s reintroduc­ed bill, he said, is now backed by a broad coalition of supporters, including labor and business, health plans, consumer groups, hospitals and chambers of commerce.

“What has really changed is that the public is screaming for some kind of relief from the high cost of prescripti­on drugs — not just in California, but across the country,” he said.

Hernandez believes SB 17 will “set a precedent and could become a national standard” if it’s signed into law.

“What I really hope is that at the Congress and the U.S. Senate level, they will look at this bill and use it as a blueprint for the entire country so we can have an honest conversati­on about controllin­g health care costs,” he said.

Pharmaceut­ical companies have called SB 17 misleading because the list prices set by drug makers — like those set by car manufactur­ers — aren’t what most health plans pay after negotiatin­g discounts, or what consumers actually shell out after they use rebates and coupons.

In a statement Sunday, Priscilla VanderVeer, spokeswoma­n for the Washington, D.C.-based Pharmaceut­ical Research and Manufactur­ers of America, said, “There is no evidence that SB 17 will lower drug costs for patients because it does not shed light on the large rebates and discounts insurance companies and pharmacy benefit managers are receiving that are not being passed on to patients.

“We are ready to roll up our sleeves and do the hard work of working collaborat­ively with the Governor, Legislatur­e and health care stakeholde­rs to find common sense solutions that improve affordabil­ity and access for patients.”

If signed into law Monday, it would become effective Jan. 1.

Chiu, who is in Washington, D.C. attending a conference for progressiv­e legislator­s, was cheered by the advisory.

“With millions of California­ns experienci­ng the challenges of paying for pharmaceut­icals, we need transparen­cy,” he said. “And California­ns who are suffering from cancer, HIV/ AIDS, life-threatenin­g and chronic diseases deserve answers.”

The bill does not actually control drug prices, per se, leading some critics to suggest it is toothless. But both Chiu and Hernandez strongly reject that argument.

“We have seen transparen­cy in sectors in the health care world that have been successful in reducing costs,” Chiu said. “So it is our hope that a similar approach will work with regard to pharmaceut­ical pricing.”

Anthony Wright, executive director of Health Access California, agreed.

He said the advance notice and informatio­n required under SB 17 “is invaluable” to large health care purchasers such as insurers, union trusts and employers, and would enable them to drive a better deal for consumers.

“We require insurers, doctors and hospitals to provide this kind of transparen­cy every year,” Wright said. “It’s finally time to ask the same of the drug companies.”

Brown has until Oct. 15 to decide which bills will become law.

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