Prescription Drug Battle Continues At The State Level

The prescription drug battle continues at the State level. This comes after drug manufacturers recently won a lawsuit to block a Trump administration rule, requiring them to include their drugs list price on their TV ads.

The lawsuit was brought by Pharma giants —  Merck, Eli Lilly and Amgen, who filed a lawsuit against the Trump Administration to block the U.S. Department of Health and Human Services (HHS) TV ad rule, which was due to go into effect July 9, 2019. Drug companies, understandably, don’t want price transparency known among consumers. In recent years drug prices have skyrocketed, — hurting the poor, senior citizens, and even the middle-class consumers.

Several States have now stepping in and taken up to battle the drug companies on pricing. Indeed, 16 States have passed laws that require the drug companies show their list prices for the drugs they sell.

Currently, Americans pay the highest prices for prescription drugs of anyone in the world — typically paying 2-3 times more. We pay more than consumers in Canada and the U.K. for these exact same prescription drugs. Truly incredible. These are the same drugs, made in the same factories, by the same manufacturers.

The new State laws allow Medicare to negotiate lower drug prices, as well as bringing more lower-priced generic drugs to market.It also outlaws the “pay for delay” scam, in which the big drug companies pay generic drug manufacturers to stay out of the market.

Here’s a list of recent legislative developments on rolling back the high cost of prescription drugs. In many states, the pharmaceutical industry fought hard to oppose these policies:

• Florida — a law to establish a state program to import less expensive but equally safe and effective prescription drugs from Canada. The measure passed easily and was signed into law by a key proponent, Republican Gov. Ron DeSantis.
• Montana —  prohibits rules that limit a pharmacist’s ability to discuss lower-cost options with patients.
• Colorado — a law to establish a state program to import less expensive but equally safe and effective prescription drugs from Canada.
• Colorado — requires drug manufacturers to provide drug price information to consumers.
• Maryland — a first of its kind law that establishes a state prescription drug affordability board.  The Board has authority to set upper payment limits for drugs that apply to all payer reimbursements in the state.
• Texas — requires drug-makers to disclose transparent pricing information.

In addition, Wyoming, New Mexico, Nebraska, Indiana, Missouri, Minnesota, Nevada, Oregon, Wisconsin, Alabama and Maine have also passed important drug laws.