The Columbus Dispatch

Overregula­tion of PBMS would harm public

- Your Turn Elizabeth Wright Guest columnist

Taking on the mantle of supposedly reducing drug prices and eliminatin­g alleged fraudulent activity within the pharmaceut­ical marketplac­e, some of Ohio’s largest newspapers and government officials are targeting pharmacy benefit managers.

PBMS are utilized by insurers, selfinsure­d employer health benefit plans, union health plans, Medicare Part D plans, state government plans, Medicaid managed care plans and other entities to manage pharmaceut­ical benefits for their employees or members.

PBMS administer prescripti­on plans for more than 266 million Americans.

Attacking PBMS over high drug costs is unfounded when they have helped to save money and often must respond to government actions that have distorted the marketplac­e.

The December 2020 Supreme Court decision in Rutledge v. PCMA, which found that the Employee Retirement Income Security Act, a federal law that regulates private-sector employeeba­sed health plans, did not preempt an Arkansas law establishi­ng a statutory minimum payment to network pharmacies (a price control), will invite further government meddling.

Several states have passed, or are considerin­g, regulating PBMS.

Provisions include requiring PBMS to reimburse any pharmacy, regardless of whether it is in their network; restrictin­g mail-order delivery, which delivers pharmaceut­icals at lower costs; allowing any pharmacy to be a “specialty pharmacy,” which dispense complex medication­s for chronic diseases requiring special handling that many pharmacies are unqualified to undertake; and limiting PBMS’ ability to conduct audits of pharmacies within their network to ensure proper dispensing and preventing fraud.

Other initiative­s include transparen­cy requiremen­ts that would reveal proprietar­y informatio­n within private contracts.

Patients should know what their drugs will cost, but revealing proprietar­y pricing informatio­n among different providers helps competitor­s game the system. If states implement “reforms” and micromanag­e PBMS, drug prices will increase.

Processing huge volumes of prescripti­on drug programs is complicate­d and overwhelmi­ng, so health insurers in the 1960s hired PBMS to fill that role.

In the 1980s, when insurance and pharmaceut­ical markets grew exponentia­lly due to medical advances, PBMS expanded their roles to negotiatin­g lower drug prices with pharmaceut­ical manufactur­ers and pharmacies.

In 2005, before Medicare Part D was implemente­d, the Congressio­nal Budget Office estimated it would cost taxpayers $174 billion by 2015, but it cost only $75 billion thanks to private-sector negotiatio­ns by PBMS.

Some say the PBM industry is anticompet­itive because Cvs-caremark, Express Scripts and Optumrx control about 70 to 75% of the market. However, the National Associatio­n of Insurance Commission­ers says there are 66 PBM companies nationwide.

This does not mean market reforms are unneeded in health care.

Reforming Medicare Part D is a good place to start. Congressio­nal meddling through the Affordable Care Act and the 2018 Bipartisan Balanced Budget Act placed a price control on drugs, now 70%, within the coverage gap in Part D, which distorts market dynamics and drives up costs.

That problem can be resolved with the American Action Forum plan, which places a cap on beneficiary out-of-pocket costs, eliminates the coverage gap and puts greater financial risk on insurers and PBMS that would encourage more negotiatio­ns on pharmaceut­ical prices and use of generics, making Part D behave more like true insurance.

Greater use of Health Savings Accounts and Health Reimbursem­ent Accounts would also put consumers in charge of the health plans they want, and need, helping to drive real freemarket reforms and lower health care costs.

Lowering drug costs should be achieved through marketplac­e reforms, not heavy-handed laws and regulation­s.

Elizabeth Wright is director of Health and Science Policy for Citizens Against Government Waste.

 ??  ??

Newspapers in English

Newspapers from United States