East Bay Times

Negotiatin­g drug prices won't hinder finding medical cures

- By Colleen Grogan Colleen Grogan is a professor of health policy at the University of Chicago. ©2023 Chicago Tribune. Distribute­d by Tribune Content Agency.

Big Pharma is pulling out all the stops to avoid lowering drug prices for seniors.

Several companies, including Merck, Johnson & Johnson and Bristol Myers Squibb, and key lobbying group Pharmaceut­ical Research and Manufactur­ers of America have filed lawsuits against President Joe Biden's administra­tion, arguing that the Inflation Reduction Act provision that allows Medicare to negotiate drug prices with pharmaceut­ical companies is unconstitu­tional.

Their legal strategy is tantamount to “throwing the kitchen sink at the government,” as one expert described it, with various lawsuits arguing violations to the First, Fifth and Eighth amendments.

The pharmaceut­ical industry has argued that negotiatin­g Medicare prices with the federal government will force them to pull back on developing treatments. This has long been parroted — invoked by the American Medical Associatio­n in the 1950s and again by the American Hospital Associatio­n in the 1970s — to scare Americans into believing they will no longer have access to new cures and innovation­s if the government negotiates prices.

The argument relies on a central falsehood: that the government does not subsidize investment­s in pharmaceut­ical innovation. But evidence shows that public sector investment­s in basic and applied biomedical research contribute substantiv­ely to the emergence of new drugs and drug-related patents.

Amazingly, a recent study found that NIH funding contribute­d to 99.4% of FDA-approved drugs from 2010-19, and the magnitude of NIH investment in new drugs is comparable with that of the industry. These findings clearly suggest that the public deserves a more equitable return on its investment relative to the pharmaceut­ical industry's investment.

The problem is that the public is largely unaware of the magnitude of its investment and the substantia­l role it plays in creating new and innovative medicines. This is just one example of a much larger growand-hide phenomenon in the U.S., in which the government increasing­ly funds an evergrowin­g health care system and yet hides its substantia­l role.

We Americans are told repeatedly that we have a predominan­tly private health care system. Official national health expenditur­e reports suggest the government funds 49% of total expenditur­es. But if you add up all hidden public subsidies to the private sector, the government funds at least 60% of total national health expenditur­es, and this is almost certainly an underestim­ate. Most point to public insurance to describe the government's role in health care, but it is far more widespread — not only for pharmaceut­icals but throughout health care infrastruc­ture.

The public's misunderst­anding about the role of government in health care is not an accident. The scope of public funding is intentiona­lly hidden from the American public. First, and not unexpected­ly, most companies actively hide the subsidies they accept from government (and for which they often aggressive­ly lobby). Pfizer, for example, misleading­ly claims it did not receive any government research funding to develop its COVID-19 vaccine, but its partner, BioNTech, was founded based on the NIHfunded mRNA discovery. BioNTech also received $445 million from the German government to assist with vaccine developmen­t.

But, second, and much more surprising, the federal government consistent­ly fails to advertise the important role it plays in subsidizin­g the U.S. health care system, including research and developmen­t for drug innovation.

It is time we rethink how and when the government communicat­es the true nature of its role. The public needs to know that it has already invested in new drug developmen­t, and the magnitude of that investment, so it can then understand that Medicare price negotiatio­ns must take into account public and private investment­s to ensure a fair return for the American people.

The first step toward reform is to reveal what is hidden from the American public. Intentiona­lly obscuring the public's investment gives moneyed interests such as pharmaceut­ical companies the power to claim “new cures” will be imperiled. This fearmonger­ing demands legislatio­n aimed at transparen­cy that would detail all government subsidies to private actors, and a reformed discourse that debunks the myth that our health care system is “predominat­ely private.”

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