Senate Bills Take Aim At Drug Industry Tactics That Block Competition And Keep Prices High
WASHINGTON, D.C. — Patients For Affordable Drugs Now welcomes two bipartisan bills to curb some of Big Pharma’s abuses of the patent system in a renewed effort to lower prescription drug prices. The Affordable Prescriptions for Patients Act (S. 1041) targets patent thicketing, a tactic pharmaceutical companies use to block lower-cost biosimilars from entering the market. The second bill, newly introduced S. 1040, would prohibit product hopping, a shady practice drugmakers deploy to direct patients to a new brand-name drug to avoid facing generic competition.
These legislative reforms are critical steps to reducing pharmaceutical industry abuses that delay competition and drive up costs, helping to bring more affordable alternatives to market and reducing prescription drug prices for millions of Americans.“For too long Big Pharma has rigged the system in its favor,” said Merith Basey, Executive Director of P4ADNow. “These bipartisan bills take direct aim at the pharmaceutical industry’s exploitation of our patent and regulatory systems — systems they manipulate to inflate drug prices and extend monopolies, costing patients and taxpayers billions every year. This is corporate greed at its worst and patients are paying the price. With nine out of 10 Americans demanding further action from Congress to rein in high drug prices, the Senate must advance these bipartisan measures and prioritize patients over the insatiable greed of pharma and their lobbyists.”
In the 118th Congress, these reforms were originally introduced as one bill under the Affordable Prescriptions for Patients Act. However, during markup, the product hopping provision was removed, allowing the remaining patent thicketing portion of the bill to advance and ultimately pass the Senate unanimously in July 2024. The patent thicketing bill was also included in a reintroduced health care package last week by Senators Sanders and Wyden. Now, in the 119th Congress, these reforms have been introduced by Senators Cornyn, Blumenthal, Grassley, and Durbin as two separate bills.
BACKGROUND
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Patients For Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit; PatientsForAffordableDrugsNOW.org.
Bipartisan Measures Aim to Curb Big Pharma’s Greed, Lower Drug Prices for Americans, and Save Taxpayers Billions
WASHINGTON, D.C. — Patients For Affordable Drugs Now applauds the reintroduction of key bipartisan drug price reforms that were left out of the end-of-year package in 2024 due to last-minute political maneuvering. A health package that includes these measures was reintroduced this afternoon by Senators Bernie Sanders and Ron Wyden.
These reforms represent an urgent opportunity to lower prescription drug prices by tackling the pharmaceutical industry’s shady tactics, anti-competitive practices, and patent abuses that keep more affordable generics off the market at the expense of patients and taxpayers.
“Congress now has a second chance to address one of the most pressing needs of Americans: lowering prescription drug costs,” said Merith Basey, Executive Director of P4ADNow. “The reintroduction of these reforms is a necessary step toward ending the unchecked greed of industries that profit from the development or distribution of prescription drugs. With nine out of 10 Americans demanding Congress do more to lower drug prices, P4ADNow is calling on Congress to act swiftly to pass these measures and prove that their priority is lowering costs for Americans – not caving to corporate interests.”
The reintroduced package includes:
In July 2023, P4ADNow launched the “Push for Competition to Lower Drug Prices” campaign to highlight the harmful impact of Big Pharma’s anti-competitive practices. The campaign included digital ads, an online advocacy hub, and videos urging Congress to pass bipartisan bills like S.150 and Q1/Q2 to promote generic and biosimilar competition. Over the last 20 months, key efforts by patients and advocates have included:
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Patients For Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit; PatientsForAffordableDrugsNOW.org.
WASHINGTON, D.C. — Following a narrow Senate vote, Robert F. Kennedy Jr., was confirmed today as Secretary of the Department of Health and Human Services (HHS).
P4ADNow Executive Director, Merith Basey, released the following statement:
“Secretary Kennedy has a critical opportunity – and responsibility – to build on existing measures to rein in Big Pharma’s price-gouging and lower drug costs for patients. We are ready to work with him to ensure Medicare drug price negotiations continue, out-of-pocket costs are reduced, and competition in the marketplace is increased through reforms to end abusive pharmaceutical monopolies that harm patients.
“But make no mistake: patients fought hard to secure the 2022 prescription drug law, and we will fiercely oppose any efforts to weaken it. We stand ready to help make America healthy again by making prescription drugs affordable. Nine out of ten Americans think lowering prescription drug costs should be a top priority – and they are counting on Secretary Kennedy to deliver.”
Background
—During back-to-back confirmation hearings, RFK Jr. provided limited details on plans to lower drug prices and defend Medicare negotiations — a critical issue for millions of American families.
—Americans pay three to eight times more than people in other wealthy nations pay for the exact same brand-name drugs.
—In 2023, about three in 10 adults reported not taking their prescription medicines due to the high cost.
—84% of voters on both sides of the aisle support allowing Medicare to negotiate directly with big drug companies over the prices of some drugs to bring down costs.
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Patients For Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit; PatientsForAffordableDrugsNOW.org.
Critical Bipartisan Measures Cut Would Have Lowered Drug Prices For Americans And Saved Taxpayers Billions
WASHINGTON, D.C. — Patients For Affordable Drugs Now expresses deep disappointment and frustration over the failure to include key drug pricing reforms in the end-of-year continuing resolution (CR) despite strong bipartisan support. These vital reforms became collateral damage when they were cut from the proposed package that was released earlier in the week, as political maneuvering and powerful outside interests took priority over patient needs.
In the past two days, patients have sent over 1,000 letters urging House Republicans to uphold their commitment to the American people and prioritize the drug pricing reforms in the original CR package.
“These critical reforms had strong bipartisan support, saved taxpayers billions of dollars, and would have delivered real relief for patients,” said Merith Basey, Executive Director of Patients For Affordable Drugs Now. “Leaving these bills out of the end-of-year package means that Americans will continue to pay the highest drug prices in the world. Regrettably, politics and powerful outside interests took precedence over the needs of patients.
“But this setback will not deter us. P4ADNow will continue to mobilize patients, hold lawmakers accountable, and fight for system-changing reforms that will lower drug prices for all. Lawmakers have a chance to make this right during the next Congress and the incoming Trump Administration by passing these bills into law. Nine out of 10 Americans demand it.”
The reforms cut from the CR include:
“This decision feels like a betrayal to millions of patients who spoke out, hoping to rein in an industry that has always put profits first,” said Jacquie Persson, a patient advocate from Cedar Falls, Iowa who struggles to afford the medication for her Crohn’s disease. “It’s disheartening to see industry interests prioritized over the well-being of people once again. We won’t stop fighting until Big Pharma is held accountable and patients can access the affordable, life-saving medications they need and deserve.”
The exclusion of these measures means the next opportunity to pass them will be during the next Congress – a timeline that delays relief for millions of people with high drug costs. Despite this setback, P4ADNow is committed to its mission to lower drug prices for patients and continuing its advocacy:
Partnering with allies to hold lawmakers accountable and keep drug pricing reform at the forefront of legislative priorities.
Mobilizing patient advocates to demand the passage of these reforms during the next Congress.
Building on the momentum of 42,000 letters and 31,000 calls to Congress, urging bipartisan action on these bills.
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Patients For Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit; PatientsForAffordableDrugsNOW.org.
Patient Advocacy Drives Progress On Patent Reform, Generic Drug Access, And PBM Accountability To Lower Drug Prices For Patients
WASHINGTON, D.C. — Patients For Affordable Drugs Now (P4ADNow) is pleased to see critical drug pricing reforms included in the health care package attached to the continuing resolution (CR) released today. These measures are a significant step towards lowering prescription drug prices for millions of Americans by tackling Big Pharma’s patent abuses, enabling generic competition, and reforming the drug supply chain.
The CR includes:
– S.150, the Affordable Prescriptions for Patients Act: which limits the number of patents pharmaceutical companies can assert on biologics, clearing the path for earlier entry of lower-cost biosimilars into the market. The Congressional Budget Office (CBO) estimates this reform could save taxpayers $1.8 billion over 10 years.
– Q1/Q2, a provision of the Lower Costs, More Transparency Act: addresses a critical barrier to generic drug approvals by requiring the U.S. Food and Drug Administration (FDA) to provide clearer guidance on ingredient differences, saving generic manufacturers time and money in bringing affordable alternatives to market. The CBO estimates this reform would save taxpayers $871 million over 10 years.
– S.2973, the Modernizing and Ensuring PBM Accountability Act: would delink pharmacy benefit manager (PBM) revenue from drug prices in Medicare Part D, curbing incentives that lead PBMs to steer patients toward more expensive prescription drugs, and would require PBMs to report on drug pricing and other information to Part D plan sponsors.
“The inclusion of these bills is an important step toward reforming the whole U.S. drug price system which has been rigged against patients. These reforms are critical to further lowering drug prices for all and signal that Congress listened to patients and an overwhelming majority of Americans who have been calling for further action to address the root causes of high drug costs,” said Merith Basey, Executive Director of Patients For Affordable Drugs Now. “We commend the bipartisan leaders who championed these measures and the patients who continue to drive forward the change they deserve. Now, Congress must act swiftly to make these reforms law and deliver meaningful relief to those struggling to afford their medications.”
In July 2023, P4ADNow launched the “Push for Competition to Lower Drug Prices” campaign, which highlighted the harmful impact of Big Pharma’s anti-competitive practices. The campaign included digital ads, an online advocacy hub, as well as videos urging Congress to pass bipartisan bills, including S. 150 and Q1/Q2, to promote generic and biosimilar competition. Over the last nearly 18 months, key efforts by patients and advocates have included:
– Nearly 42,000 letters were sent to Congress urging action on these bipartisan patent reform bills. In the final week leading up to the CR’s passage, over 4,500 letters were sent to push for the inclusion of S.150.
– Since the launch of the campaign, advocates have made more than 31,000 calls to Congressional offices to encourage the passage of these reforms.
– Nine patient advocates have flown to Washington, D.C. to meet directly with lawmakers, sharing their struggles with high drug prices and urging them to act on these bills.
– Patients have shared their stories through interviews, press conferences, on Hill panels, and in op-eds, and in news outlets nationwide.
– P4ADNow sent multiple letters, alongside allies like AARP, CSRxP, The ERISA Industry Committee, The National MS Society, and Purchaser Business Group on Health, in support of S. 150 and other reform bills.
Additionally, in May, David Mitchell, Founder and President of P4ADNow and himself a patient with an incurable rare cancer, testified before the Senate Judiciary Committee. His testimony emphasized how Big Pharma’s anti-competitive practices harm patients and taxpayers, and urged Congress to act on a bipartisan package of reforms – including some provisions included today. These changes would realign incentives to spur true innovation while ensuring timely market entry for generics and biosimilars to lower prices.
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Patients For Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit; PatientsForAffordableDrugsNOW.org.
P4ADNow Will Press To Keep The PREVAIL Act, Which Narrowly Cleared Committee, From A Vote On The Senate Floor
WASHINGTON, D.C. — Patients For Affordable Drugs Now is disappointed to see the Senate Judiciary Committee advance a patent bill that would harm patients: S. 2220 the PREVAIL Act. If enacted into law, the bill would weaken mechanisms to challenge potentially invalid patents and undermine existing checks on the pharmaceutical industry’s power, further limiting competition from less expensive generics and biosimilars. This would result in higher drug prices, putting more essential medications out of reach for patients nationwide.
The bill cleared the Committee on a razor-thin vote of 11 to 10, with several senators who supported its passage expressing significant reservations about the potential negative impact on patients and drug prices. Several Yes votes also indicated they would be uncomfortable supporting the bill in its current form if it was brought to the floor.
Merith Basey, Executive Director of Patients For Affordable Drugs Now released the following statement:
“Today’s markup of the PREVAIL Act is a step backward for patients. At a time when three in ten Americans struggle to afford their prescribed medications and over 20 percent have fallen into debt or bankruptcy due to healthcare costs, this bill would extend drug monopolies, stifle competition from cheaper generic and biosimilar drugs, and ultimately keep drug prices artificially high for millions of Americans.
“While amendments made to the legislation in committee attempt to resolve concerns, they barely scratch the surface of fixing the bill’s fundamental flaws. We believe that is why several Senators who voted yes today did not commit to supporting the bill on the Senate floor.
“The Inflation Reduction Act lowered drug prices for millions of Americans. PREVAIL could undermine those gains and take us in the opposite direction keeping drug prices high, and enabling drug companies to raise them further. We urge the full Senate to reject PREVAIL and instead focus on the bipartisan patent reform policies currently in Congress that will increase competition and lower drug prices for all Americans.”
BACKGROUND
The Senate has already unanimously passed an amended version of S. 150. These Senate bills are estimated to save taxpayers $4.5 billion over the next 10 years.
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Patients for Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit PatientsForAffordableDrugsNOW.org.
WASHINGTON, D.C. — Following the U.S. Presidential Election being called for Former President Donald Trump, David Mitchell, Founder of Patients For Affordable Drugs Now, issued the following statement:
“Patients For Affordable Drugs Now remains unwavering in our mission to lower drug prices for millions of Americans and we are ready to work with President-Elect Trump and the new Congress to make prescription drugs more affordable for those facing crushing costs.
“Even with the sweeping reforms ushered in under the Biden-Harris administration, one in three Americans still can’t afford their prescription drugs, and nine in ten agree that lowering drug prices should be a top priority for our elected leaders. On behalf of patients across all 50 states, we are committed to working with the Trump-Vance administration and the new Congress to expand on the gains made in recent years to lower drug prices and continue to deliver meaningful relief to patients.
“Previously, President-Elect Trump voiced support for allowing Medicare to negotiate lower prices and implementing the ‘Most Favored Nation’ model to prevent Americans from paying more than the average prices people in other countries pay for the same medications. We are hopeful that the new administration will return to these commitments or bring forward other approaches we can help enact to build upon the progress achieved in recent years.
“The Inflation Reduction Act was the most significant step forward in lowering prescription drug prices in two decades. On behalf of the patients we represent, we will vigorously defend the landmark drug pricing law against any attempts to roll back these hard-won reforms – whether through administrative action, legislation, or litigation.
“As a bipartisan organization, we know that lowering drug prices isn’t a Democratic or Republican issue – the pain of high drug prices is not limited to a single party. More than 80 percent of Americans support the principal reforms we champion. We will bring our voices to bear to keep what we have won. But we will support the new administration as it works to rein in the unchecked pricing power of drug companies, the practices of PBMs that put profits ahead of patients, and make prescription drugs affordable for every person in the U.S.”
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Patients for Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit PatientsForAffordableDrugsNOW.org.
Retired Nurse Judy Aiken Highlighted Her Lived-Experience With High Drug Prices, Shared How The Out-of-Pocket Cap And Medicare Negotiation Feels Like A “Lifeline”
WASHINGTON, D.C. — Judy Aiken, a retired nurse and P4ADNOW patient advocate from Portland, Maine testified today before the Senate Finance Committee at a hearing titled “Lower Health Care Costs for Americans: Understanding the Benefits of the Inflation Reduction Act” about the relief being delivered to patients via the drug price reforms in the historic Inflation Reduction Act.
Judy, who has battled psoriatic arthritis and psoriasis for over four decades, emphasized how the drug price law has already reined in her soaring out-of-pocket costs; Prior to the passage of the Inflation Reduction Act, Judy paid more than $9,000 out-of-pocket in a single year for Enbrel alone.The Inflation Reduction Act’s out-of-pocket cap reduced her prescription drug costs to about $3,300 in 2024 — nearly a third of what she paid last year. In 2025, her annual out-of-pocket expenses will be capped at $2,000.Judy also highlighted the additional relief she will experience beginning in 2026 thanks to the historic Medicare negotiation program, which for the first time in two decades allows Medicare to negotiate some of the costliest and most common drugs covered by Medicare; Enbrel, one of her prescribed medications, is among the first 10 drugs selected for negotiation.Starting in 2026, Enbrel’s negotiated price will be $2,355 per month, a 67 percent reduction from its current monthly list price.As someone who has worked as a nurse for four decades, Judy knows firsthand the importance of adhering to a consistent medication regimen. “But the cruel irony is that I’ve sometimes found myself skipping doses, unable to follow my own advice due to the prohibitive cost,” Judy shared in her testimony.
But now, the drug price reforms are lessening the financial strain of high-cost prescription drugs for millions of patients like Judy. She also shared that, “The impact of these changes cannot be overstated. My husband and I can now breathe easier. We’re addressing those long-postponed home repairs. And we may even be able to take a trip. But most importantly, I no longer have to choose between my health and our financial stability.
This is the real, tangible impact of the Inflation Reduction Act. It’s not just about numbers on a page or political talking points. It’s about people – seniors like me, who have worked hard their whole lives, and who can now afford the medications we need to live healthier, more productive lives with dignity.”
FIND JUDY’S FULL TESTIMONY BELOW:
Chairman Wyden, Ranking Member Crapo, Committee Members
Thank you for inviting me to share my story today.
I’m Judy Aiken – a 70-year-old retired nurse, born and raised in Portland, Maine, where I live with my husband of 47 years.
I have been battling psoriatic arthritis and psoriasis for over four decades. These conditions have taken a heavy toll on my body, but the financial strain of the medications I need has been equally challenging.
Seventeen years ago, my doctor prescribed Enbrel to manage my condition. It’s been a lifeline, but one with a staggering price tag. Since its introduction 26 years ago, Enbrel’s price has skyrocketed by more than 700 percent. Today, it is priced at $7,106 for a 30-day supply.
Last year alone, I paid over $9,000 out-of-pocket just for this one medication. The cost was overwhelming. As a nurse, I spent years counseling patients on the importance of taking their medications consistently. But the cruel irony is that I’ve sometimes found myself skipping doses, unable to follow my own advice due to the prohibitive cost.
Every trip to the pharmacy was a source of anxiety. How much would it cost this time? Could we afford it? What else would we have to sacrifice? My husband and I were constantly juggling our budget – we postponed home repairs and stopped going out to eat.
Then came the Inflation Reduction Act, and with it, a glimmer of hope.
This year, I braced for another 12 months of expensive pharmacy visits. But after paying $2,150 in January and $1,141 in February, a real shock came in March. I went to pick up my prescription and discovered my out-of-pocket cost would be $0 for the rest of the year. I nearly cried at the pharmacy counter. Even after advocating for the passage of the drug price reforms in the Inflation Reduction Act, I was skeptical it would actually benefit me. But it has, and this year my out-of-pocket costs have been capped at $3,300.
And there’s more relief on the horizon. Next year, the out-of-pocket limit will drop further, capping at $2,000 for everyone on Medicare Part D. For patients like me who rely on expensive medications, this is truly life-changing.
But that’s not the only IRA provision that I will benefit from. Enbrel was one of the first 10 drugs selected for Medicare price negotiation. After the inaugural round of negotiated prices were released in August, I learned that beginning in 2026, Enbrel’s price will be reduced to $2,355 per month – a 67 percent reduction.
These lower negotiated prices come after decades of advocacy from patients like me and represent the first time in Medicare’s history that the program has directly negotiated drug prices with pharmaceutical corporations. These 10 drugs cover treatments for common conditions such as diabetes, heart disease, and blood clots, and the roughly nine million patients on Medicare who take at least one of these drugs are projected to save $1.5 billion out of pocket in 2026 alone.
It’s important to note that the out-of-pocket savings are made possible by lowering the prices. We cannot do one without the other.
The impact of these changes cannot be overstated. My husband and I can now breathe easier. We’re addressing those long-postponed home repairs. And we may even be able to take a trip. But most importantly, I no longer have to choose between my health and our financial stability.
This is the real, tangible impact of the Inflation Reduction Act. It’s not just about numbers on a page or political talking points. It’s about people – seniors like me, who have worked hard their whole lives, and who can now afford the medications we need to live healthier, more productive lives with dignity.
The IRA demonstrates that when our elected leaders take action, real change is possible. While there’s still work to be done to make prescription drugs affordable for all Americans, this is a huge step in the right direction.
I urge you to continue supporting and strengthening these life-saving reforms. They are making a real difference in the lives of millions of American patients.
Thank you for your time and attention to this crucial issue. I look forward to answering your questions.
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Patients for Affordable Drugs Now, is the only national, patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNow is bipartisan and does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit PatientsForAffordableDrugsNOW.org.