Democrats make (another) play for drug price reform

From: POLITICO Pulse - Thursday Jul 07,2022 02:01 pm
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By Sarah Owermohle and Krista Mahr

With help from Megan Wilson

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Driving The Day

Senate Minority Leader Chuck Schumer and Sen. Joe Manchin (D-W.Va.) are pictured.

Senate Democrats secured West Virginia's Joe Manchin, pictured here with Senate Majority Leader Chuck Schumer (left), for the new drug pricing proposal. | Carolyn Kaster/AP Photo

DEMS ATTEMPT TO REVIVE DRUG PRICING — Much to the chagrin of the pharmaceutical industry, Senate Democratic leadership released legislative text on Wednesday detailing their updated drug pricing plans in an attempt to revive the sweeping Build Back Better reconciliation bill that fell apart last year.

While the new language mirrors the agreement forged on drug pricing last November, Democrats tweaked the proposal to boost targeted drugs and move timelines. The updated proposal would require Medicare to negotiate prices on an increasing level of drugs each year instead of a range “up to” a certain amount in a bid to prevent future Republican administrations from tampering with negotiations, Megan reports.

It would also start negotiations next year but bump price implementation from 2025 to 2026, moving protections for small biotechs along with it. Medicare redesigns to shield patient costs would also move to 2025 from 2024, though a cap on out-of-pocket costs would roll out in 2024.

Industry groups representing drugmakers swiftly called the drug negotiation proposal “flawed” and “misguided,” declaring “patients deserve better.”

“Democrats weakened protections for patient costs included in previous versions, while doubling down on sweeping government price-setting policies that will threaten patient access and future innovations,” said Debra DeShong, PhRMA’s executive vice president of public affairs.

It’s a race to implement President Joe Biden’s agenda before the midterm elections in November and represents the first sign of potential momentum in several months. Senate Democrats have consensus for the drug pricing proposal, while thornier issues around climate and tax policy have yet to be hammered out — though some lobbyists say that positive action on this portion could propel the rest of the package forward.

“This flawed, untested scheme will reduce future savings through lower cost generic and biosimilar medicines for America’s patients and employers,” the Association for Accessible Medicines said as part of a larger Twitter thread after the bill text was released.

Michelle McMurry-Heath, who leads the Biotechnology Innovation Organization, called the legislation “misguided.”

Missing from the text is a $35 monthly cap on insulin costs for Medicare patients, which has been a bipartisan island in a sea of partisanship of drug pricing reform. Insulin also was bumped from the required list of negotiated drugs.

Senate Majority Leader Chuck Schumer (D-N.Y.) has signaled that he wants to bring a more comprehensive, bipartisan insulin bill from Sens. Jeanne Shaheen (D-N.H.) and Susan Collins (R-Maine) to the floor for a vote.

FDA LETS PHARMACISTS IN ON PAXLOVID PRESCRIBING — The agency on Wednesday expanded its emergency use authorization for a Covid-19 antiviral therapeutic to give state-licensed pharmacists prescribing authority for the drug, a move that could expand access as cases hover under 100,000 a day.

A CDC report released last month showed that Covid-19 antiviral pill prescriptions in “high-vulnerability” ZIP codes are half those seen in low- and medium-vulnerability communities, exacerbating inequities already laid bare by the pandemic, our Lauren Gardner reports.

There are limits, though. The revision puts the onus on patients to supply pharmacists with enough information to determine whether they’re eligible to take Paxlovid. Patients must furnish health records from the past 12 months, including most recent blood work, other drugs they’re taking — even over-the-counter — and their health care provider.

If the information is insufficient, the FDA advises pharmacists to send patients to their primary care providers to get the drug.

Remember: The Biden administration has pushed its Test to Treat program, which hinges on quick access to Paxlovid when someone tests positive.

But the FDA said in December, when it authorized Paxlovid, that because of potential drug interactions with Paxlovid, only patients’ health care providers could prescribe the drug, slowing down some access.

At the time, pharmacy groups protested their exclusion, arguing they had already put in the work of testing and advising Covid patients and their specialty was ensuring consumers didn't improperly mix drugs.

 

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At the Agencies

CHICAGO, IL - SEPTEMBER 13: Electronic cigarettes and pods by Juul, the nation's largest maker of vaping products, are offered for sale at the Smoke Depot on September 13, 2018 in Chicago, Illinois. The Food and Drug Administration (FDA) has ordered e-cigarette product makers to devise a plan to keep their devices away from minors, declaring use by teens has reached an

Juul's tobacco pods are technically still on the market. | Scott Olson/Getty Images

JUUL STAYS IN REGULATORY LIMBO — The FDA’s Tuesday announcement that it would suspend marketing denial orders for Juul’s e-cigarettes (while continuing reviews of Juul’s other applications) threw the popular vape maker back into a regulatory haze.

Although products without marketing orders may not legally be sold, the FDA has previously exercised enforcement discretion, meaning the products remain on retailers' shelves, our Katherine Ellen Foley writes.

You’d be forgiven for confusion. On June 23, the FDA ordered Juul to discontinue selling its products, including its vape device and menthol and tobacco-flavored pods. On June 24, Juul filed an emergency request for a stay of enforcement with the U.S. Court of Appeals for the D.C. Circuit while it appealed the agency’s decision. The court granted the request for a temporary stay that same day.

The FDA maintains that specific components of Juul’s applications deserve more scientific scrutiny. “The agency has determined that there are scientific issues unique to the Juul application that warrant additional review,” the Center for Tobacco Products tweeted Tuesday evening.

What’s next: It’s unlikely that the FDA would ultimately rescind its marketing denial orders, Desmond Jenson, a lawyer at the Public Health Law Center at the Mitchell Hamline School of Law who focuses on commercial tobacco policy, told Katherine. Instead, the agency appears to be making it highly unlikely that the court would issue any further rulings on Juul’s appeal while the FDA’s stay is in place.

Around the Nation

FLORIDA PRESSES FOR ABORTION CHALLENGE — Lawyers for Florida Attorney General Ashley Moody have asked an appeals court to send a case challenging the state’s new 15-week abortion ban directly to the state Supreme Court, whose conservative majority could ultimately uphold the law.

Moody’s office filed a motion late Tuesday with the Florida 1st District Court of Appeal asking for immediate certification to the highest court in the state. The request came after a state circuit court judge issued a temporary hold on the 15-week ban last week, one day before it was supposed to take effect, POLITICO’s Arek Sarkissian writes.

The crux: The state Supreme Court has previously used a decades-old privacy right to overturn strict abortion laws in Florida, including a requirement that minors obtain parental consent before getting an abortion.

Abortion-rights groups such as Planned Parenthood, the American Civil Liberties Union and the Center for Reproductive Rights filed a lawsuit pointing to that same privacy right to stop the 15-week ban, resulting in a temporary injunction on the law set Tuesday.

But: The state’s decision to appeal has placed that injunction on an automatic hold.

ABORTION PILL CHALLENGES BEGIN — Texas state legislator Brian Harrison — a Trump-era chief of staff for then-Health and Human Services Secretary Alex Azar — this week lashed out at the Biden administration’s assurances that medication abortion would remain available nationwide.

Harrison and another Texas Republican, Tom Oliverson, have said they plan to propose legislation that would limit licensures to prescribe the medicine in Texas. And he wasn’t happy Tuesday that HHS Secretary Xavier Becerra told Capital Tonight that Texas must obey federal law.

“[Becerra] responds to my bill saying Texas must ‘obey the law,’” Harrison tweeted . “Well, so do you, sir: the Constitution. You have no authority to force Texas to allow medication abortions contrary to our laws.”

Is that true? FDA and legal experts say a big fight is brewing over the agency’s authorities, especially with Becerra, Biden and Attorney General Merrick Garland emphasizing that states can’t ban an FDA-approved drug. The agency itself has been more circumspect, saying in a statement that “patients should have access to medications that are safe and effective for their FDA-approved use.”

Names in the News

Anne Morris Reid is joining Protect Our Care as senior adviser on health equity and policy. She previously was deputy chief of staff to HHS Secretary Xavier Becerra and is an Elizabeth Warren alum.

Winston Kirton is joining BakerHostetler as a partner on its FDA, products promotion and defense team. He previously was a partner at Winston & Strawn.

Jennifer Jones is the first female president of Rotary International in the nonprofit’s 115-year history. A longtime Rotary member, Jones is also the president of Media Street Productions and has served as chair of both the University of Windsor board of governors and the Windsor-Essex Regional Chamber of Commerce.

What We're Reading

Ohio legislators on Tuesday advanced a bill that, if passed, would make it the only state in the nation to include an explicit ban of vaccine mandates in its constitution,the Ohio Capital Journal’s Jake Zuckerman writes.

The FDA’s proposal to reduce nicotine levels in cigarettes will gut one of the industry’s key arguments: that smoking is a choice, writes University of Virginia professorSarah Milov in a New York Times op-ed.

How Pfizer won the pandemic: The company’s 2021 revenue was $81.3 billion, roughly double its 2020 sales when top sellers included a pneumonia vaccine, a cancer drug and the profitable Lyrica, which has since gone offpatent, Kaiser Health News’ Arthur Allen reports.

 

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