Pittsburgh Post-Gazette

Pharmacy bill would hurt Pa. patients

Pennsylvan­ia’s senators should pass legislatio­n that actually would help their constituen­ts

- Suzanna Masartis is the executive director of the Community Liver Alliance, a patient advocacy organizati­on based in Pittsburgh.

When a piece of legislatio­n has the word “transparen­cy” in its title, we like to think it will open a secretive practice to public scrutiny and improve our lives.

On the surface, a proposed Pharmaceut­ical Transparen­cy Commission in state Senate Bill 637 sounds as though it fits that category. In reality, it would threaten the lives of patients in need of cures and treatments and the jobs of those in life sciences who discover and manufactur­e them.

It’s a shame that the process for considerin­g legislatio­n touted as bringing patients greater drug informatio­n and lower costs has ignored the patient voice. In fact, the Senate Banking and Insurance Committee omitted all patient advocacy groups from the testimony list for a hearing it held on the bill lastmonth.

That’s probably because there’s nothing good for patients in SB 637.

It focuses only on drug manufactur­ers, establishe­s reporting requiremen­ts that run afoul of federal law and lets insurers and pharmacy benefit managers (PBMs) retain money at the expense of patients in need.

In my years with the Community Liver Alliance, we’ve worked to ensure that patients with liver diseases have access to treatments that can improve their lives. That certainly can be expensive. Industry statistics show that it takes 10 years and $2.6 billion to bring one new drug from lab to market. But that doesn’t justify how bad actors in the industry indiscrimi­nately raise drug prices.

Still, the prescripti­on drug marketplac­e often does make drugs accessible to patients. Drugmakers set a list price, but a study this year by the Berkeley Research Group found that more than a third of the list price of a brand prescripti­on medicine is rebated to PBMs, health plans and the government or retained by other stakeholde­rs in the pharmaceut­ical supply chain. Quite frequently, as soon as one new drug is for sale, a competitor drug emerges and drives down prices. Soon enough, that’s followed by much cheaper generics, which account for 90 percent of all medicines received by patients.

There’s no question this system can stand to be improved, but SB 637 is not the way to do it. First, it focuses only on prescripti­on drug manufactur­ers and largely ignores all of the players that impact a drug’s pricing and availabili­ty — insurers, PBMs, wholesaler­s and Medicare. Anything less than a holistic approach is sure to worsen the system.

More disturbing are the bill’s reporting requiremen­ts. It would require life-sciences companies to report — for each drug — production and manufactur­ing costs, research and developmen­t costs, clinical and regulatory costs, and the specific drug’s total profit. However, federal antitrust laws prohibit disclosure of informatio­n that would impact pricing and competitiv­eness. So it’s illegal for companies to meet these proposed requiremen­ts.

Pharmaceut­ical companies already report extensive informatio­n on costs, sales and R&D expenditur­es. This bill ignores the decade-long journey a new drug faces to make it into our medicine cabinets. And only 12 percent of drugs in clinical trials result in an approved medicine anyway. Accounting for these discovery costs couldbe nearly impossible.

Perhaps worse, the bill would allow an insurer or PBM to refuse topay for a drug if a company does not produce this informatio­n — which, remember, it cannot provide under federal law.

PBMs — obscure but influentia­l middlemen — would make out fairly well under this legislatio­n. PBMs process prescripti­ons for insurers and large employers that support their own plans, determine which drugs are covered and negotiate with manufactur­ers and pharmacies. They maximize profits through a littleknow­n tactic called “clawbacks.” With clawbacks, a patient pays a pharmacy a co-payment, perhaps $10, agreed to by the PBM and the insurers who contract with them. The pharmacist gets reimbursed for the price of the drug, say $2, and possibly a small profit. Then the PBM “claws back” the remainder. Most patients never realize there’s a lower cash price.

It’s difficult to see how this legislatio­n would help a patient with liver disease or any other ailment receive medication or lower prescripti­on drug costs. It would, however, allow insurers and PBMs to hold on to as much money as possible at the expense of patients.

Pharmacies are stuck because many plans require them to collect payment when prescripti­ons are filled and prohibit them from waiving or reducing the price. Plus, pharmacist­s are required to sign agreements that prohibit them from telling their customers about the clawbacks.

If policymake­rs are interested in exploring meaningful policies to rein in out-of-pocket costs for patients, I would suggest supporting the policies and principles in Senate Bill 913 sponsored by Sen. Kim Ward of Westmorela­nd County. This legislatio­n actually would help patients with out-ofpocket costs by requiring insurance companies to pass along manufactur­er rebates to patients, allowing pharmacist­s to provide prescripti­on drug informatio­n that would enable patients to get the best prices for medicines, and implementi­ng an All Payer Claims Database to collect informatio­n and data on costs paid by health care payers.

The life-sciences industry is a tremendous economic engine for Pennsylvan­ia that offers not just products but hope and health. That would all be threatened by SB 637. Patient advocacy groups recommend transparen­cy and thoroughne­ss in the legislativ­e process before we have a new level of bureaucrac­y making it difficult for patients to survive.

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