Latest News | Nov 1, 2023

More Than 60 Groups Urge Senate Leadership To Pass Bipartisan Legislation To Lower Rx Drug Prices Through Patent Reforms and Increased Competition

Organizations Representing Patients, Consumers, Seniors, Students, Churches, And Disease Advocacy Groups Push For Package Of Bills That Strengthens Market Forces To Lower Prices For All Americans  

Patients For Affordable Drugs Now and AARP, along with 60 other organizations sent a letter to Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell urging them to pass bipartisan legislation to reform our patent and regulatory systems to curb unwarranted monopolies and promote competition to lower prescription drug prices for all Americans. 

“There is a real opportunity in the Senate to advance a package of bipartisan bills that will increase competition and market forces to lower drug prices,” said Merith Basey, executive director of Patients For Affordable Drugs Now. “Senators on both sides of the aisle have put in far too much work on these bills over several years to let this opportunity be lost. The moment is at hand to enact reforms that voters overwhelmingly support and which will help patients of all ages regardless of whether they get their health care in the private or public sector.” 

The letter to Senators Schumer and McConnell, and copied to every member of the Senate, supports a package of six bills — all bipartisan and all relying on competition and market forces to lower drug prices that complement reforms enacted last year under the Inflation Reduction Act. 

“For too long, big drug companies have gamed the system to prevent less expensive generic and biosimilar drugs from entering the market. America’s seniors deserve better,” said Nancy LeaMond, AARP Executive Vice President and Chief Advocacy and Engagement Officer. “Now is the time for Congress to pass bipartisan common-sense legislation that will give consumers real choices and lower their drug prices.”

“Critically, almost four out of five voters support such reforms including 75 percent of Republicans, 73 percent of Independents, and 86 percent of Democrats,” the letter reads. “The bills will save taxpayers $2-3 billion over 10 years and lead to lower out-of-pocket costs for millions of Americans.”
 

Patients like Sue Lee, 81, of Crestwood, Kentucky will be helped by these bills. Sue lives with chronic plaque psoriasis and was forced to endure painful sores because she couldn’t afford the high monthly cost of Humira — which was protected by 165 patents — and had to stop taking the drug.

Read the full letter and list of signers here and below.

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[November 1, 2023] 

Dear Senators,

Bipartisan bills to strengthen competition and market forces to lower prescription drug prices have cleared every key Senate committee on strong bipartisan votes, and the undersigned groups that represent patients and advocates urge that they be enacted into law. 

Critically, almost four out of five voters support such reforms including 75 percent of Republicans, 73 percent of Independents, and 86 percent of Democrats. The bills will save taxpayers $2-3 billion over 10 years and lead to lower out-of-pocket costs for millions of Americans. We ask you to advance the following bills now:

S. 142 to curb pay-for-delay deals in which brand name drug makers pay would-be generic and biosimilar competitors to keep them from bringing their products to market.
S. 150 to crack down on patent thickets and product-hopping, which are used to build a patent wall around existing brand name drugs and block lower-priced competition. 
S. 148 and S. 1067 to stop drug company abuse of citizen petitions before the Food and Drug Administration (FDA) which drug companies use to delay generic and biosimilar market entry.
S. 775 to improve the ability of the FDA to disclose information generic companies need for speedy approval.
S. 79 to establish a task force between the U.S. Patent and Trademark Office and FDA in order to improve each agency’s patent-related activities.

The bipartisan bills now before the Senate would curb anti-competitive practices and ensure the will of Congress for generic and biosimilar competition and market forces to lower prices as intended to lower prices under the Hatch-Waxman framework. Recent academic studies have repeatedly shown the need for these reforms:

The bills will help people like Sue Lee, 81, of Crestwood, Kentucky who is living with plaque psoriasis and who was forced to endure painful sores because she couldn’t afford the $8,000 a month cost of Humira – which was protected by 165 patents – and had to forgo the drug.

The Congressional Budget Office estimates these bills will collectively save taxpayers between $2-3 billion dollars. They will result in lower out-of-pocket costs for patients and millions of people regardless of insurance status. 

With only 26 work days left in this calendar year, we urge the Senate to come together now and address these critical issues to improve the health and financial well-being of people all across the country. Thank you.

Cc: Members of the United States Senate

Signed:

AARP
ACA Consumer Advocacy
Alliance for Retired Americans
American Family Voices 
Beta Cell Action 
Beta Cell Foundation 
Blue Shield of California 
Business Leaders for Health Care Transformation
Campaign for a Family Friendly Economy
Campaign for Sustainable Rx Pricing 
Center for Health and Democracy
Center for Medicare Advocacy
Citizen Action/Illinois 
Consumer Action 
Dana Investment Advisors 
Doctors for America
Families USA 
Foundation for Integrative AIDS Research
Generation Patient 
Health Care Voices 
Health GAP 
Housing Works, Inc 
Initiative for Medicines, Access & Knowledge
Interfaith Center on Corporate Responsibility 
Just Care USA
Labor Campaign for Single Payer
Long Island Center for Independent Living, Inc
Lower Drug Prices Now
Medicare Rights Center 
Metro New York Health Care for All 
MomsRising 
National Committee to Preserve Social Security and Medicare
National Multiple Sclerosis Society 
New York State Council of Churches 
New York StateWide Senior Action Council, Inc
Northwest Coalition for Responsible Investment
Patients For Affordable Drugs Now
Pennsylvania Health Access Network
Physicians for a National Health Program – NY Metro Chapter
Prescription Justice 
Protect Our Care 
Public Citizen
Public Interest Patent Law Institute 
Rise Up WV
Salud y Fármacos 
Seventh Generation Interfaith 
Sisters of Charity of Saint Elizabeth 
Sisters of St. Francis of Philadelphia 
Social Security Works
Socially Responsible Investment Coalition 
SPACEs In Action
T1International, USA
TAG-Texans Against Gerrymandering 
Tennessee Health Care Campaign, Inc 
Tulipshare
Two Faces of MS 
U.S. PIRG 
Unity Fellowship of Christ Church – NYC 
Universities Allied for Essential Medicines
VOCAL-NY
West Virginia Citizen Action Group
West Virginians for Affordable Health Care  

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WASHINGTON, D.C. — The following statement was issued by Merith Basey, executive director of Patients For Affordable Drugs Now, following the announcement by the Centers for Medicare and Medicaid Services (CMS) that all of the drug companies making the 10 drugs selected for the first round of negotiations have agreed to enter negotiations with Medicare: 

“On behalf of patients across the country, we are very pleased to see all of the drug companies manufacturing the ten selected drugs have agreed to enter negotiations with Medicare. This marks an important milestone in our movement – for the first time ever, Medicare will now officially be in the process of negotiating lower prices for essential and costly medications taken by millions of people in this country including cancer treatments, blood thinners, autoimmune disease treatments, and some diabetes drugs. 

“People in the United States overwhelmingly support this law, and we look forward to continuing to work with the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) to ensure the Inflation Reduction Act is implemented in the best interest of patients, despite opposition from drug companies. 

“These first 10 drugs are just the beginning – we will continue pushing on all fronts to lower drug prices for everyone.”

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Background:

WASHINGTON, D.C. — The following statement was issued today by David Mitchell, cancer patient and founder of Patients For Affordable Drugs Now, in response to the decision in the U.S. District Court for the Southern District of Ohio Western Division denying the Chamber of Commerce request for a temporary injunction to stop Medicare from negotiating lower prices for prescription drugs: 

“Today’s court ruling is an important victory for patients and all Americans, and demonstrates the weakness of the industry’s objections to Medicare negotiation to lower prescription drug prices under the Inflation Reduction Act. This is the first decision in the eight challenges that have been filed against the new law, and it sends a strong signal that drug companies and their trade associations will not prevail. Rather, the will of Americans expressed through the Congress will carry the day when all the legal arguments have been heard.”

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More Than Half Of Voters Have An Unfavorable Opinion Of Drug Companies, And Their Lawsuits Only Do More Damage To The Industry’s Image
 
Elected Officials Who Align Themselves With Drug Companies, Against American Voters, Do So “At Their Own Political Risk” 

WASHINGTON, D.C. —  A new national survey released today shows that Americans overwhelmingly – by more than a 5-to-1 margin – oppose the pharmaceutical industry’s lawsuits attempting to block Medicare from directly negotiating lower prescription drug prices. And by almost a 4-to-1 margin, voters reject drug company threats that lower negotiated prices will lead to fewer new treatments and cures.

“The American people understand the lawsuits to block lower drug prices through Medicare negotiation are not about looking after the best interests of patients and consumers, but about the industry seeking to restore its unilateral power to dictate prices of brand name drugs without limits in the United States,” said David Mitchell, a patient with incurable blood cancer whose drugs carry a list price of more than $960,000 per year and founder of Patients For Affordable Drugs Now. “The lawsuits are a naked assault against the will of the American people, and we stand with the people.”

“Efforts in Congress to undermine implementation of the Inflation Reduction Act fly in the face of the wishes of the overwhelming majority of voters – 84 percent of whom support the law, including 93 percent of Democrats, 78 percent of independents and 80 percent of Republicans,” Mitchell continued. “Elected officials who align themselves with this unpopular and greedy industry, against the will of voters, do so at their own political risk.” 

Poll results show that the respondents who viewed drug companies unfavorably jumped from half to two thirds upon hearing of the lawsuits and the arguments from both sides. The poll also found that drug companies’ argument that the Medicare negotiation law will lead to fewer cures is not believable to voters by a nearly 4-to-1 margin, and voters by a 6-to-1 margin say drug companies are opposing this law over profits, not because it violates the constitution. Consistent with previous polls, 84 percent of voters support allowing Medicare to negotiate directly with big drug companies to lower the prices of some drugs.  

“Medicare sets prices for everything else it pays for – Big Pharma has been the only player exempt from a process to arrive at a fair price,” said Merith Basey, executive director of Patients For Affordable Drugs Now. “Pharma makes a huge profit negotiating in every other high income country in the world, and those nations have better health outcomes, longer life expectancy and for lower cost. It’s in the United States that the drug industry seeks to fleece patients with unlimited pricing power.”

The national survey of 1,000 likely voters was conducted August 23-27, 2023, by the bipartisan team of researchers, GS Strategy Group and Hart Research Associates. It has a margin of error of +/- 3.1%.

Read the full poll memo here.

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FLORIDA — Patient advocate Sheldon Armus, a Medicare beneficiary from Boynton Beach, shared his story about the high price of his cardiac medications today and introduced President Biden, thanking him for passing the Inflation Reduction Act that will lower drug prices and improve the health of millions of patients. The president delivered remarks in Hallandale Beach about lowering prescription drug costs through the Inflation Reduction Act and protecting Social Security and Medicare.

Sheldon, 74, takes Xarelto and Brilinta, blood thinners that prevent him from developing dangerous blood clots that could lead to a heart attack or stroke. Sheldon explained that Johnson & Johnson has raised the price of Xarelto every year, far outpacing the rate of inflation. It now costs $500 for a 30-day supply, whereas if it had been held to the rate of inflation since 2013, its price would be less than $300 for a month’s supply.

The provisions in the Inflation Reduction Act will, for the first time, allow Medicare to negotiate lower drug prices, curb annual drug price increases to no more than the rate of inflation, cap out-of-pocket costs for Medicare Part D beneficiaries at $2,000 in 2025, limit monthly insulin copays to $35 per month for Medicare beneficiaries, and make adult vaccines free for Medicare beneficiaries starting next year.

“Medicare is gonna have the power to negotiate lower drug prices,” said President Biden at today’s speech. “The total amount of prescription drug prices you have to pay in any one year if you’re a senior on Medicare…will not be more than $2,000 a year – that’s it.”

“Sheldon is a tremendous advocate and we are grateful he shared his story while introducing the president today,” said Merith Basey, Patients For Affordable Drug Now’s Executive Director. “The Inflation Reduction Act will lower costs for hundreds of thousands of Floridians like Sheldon which will make a significant difference in improving their lives. This is one of the many reasons the drug price provisions are supported by almost 80 percent of Americans, including seven out of 10 Republicans.”

Sheldon added: “Knowing that we have leaders like President Biden fighting to bring down our drug prices — not keep money in the pockets of the pharmaceutical companies — means the world to seniors like my wife and myself, who have been waiting on this relief for years.”

Watch Sheldon’s remarks and the president’s full speech here.

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P4ADNow Launches Push In Wyoming, Calling Out Senator Lummis For Standing With Big Pharma To Actually Raise Drug Prices

WYOMING — Patients are pushing back hard on Senator Cynthia Lummis’ recent effort to force them to pay more for their prescriptions. Senator Lummis is cosponsoring the so-called Protect Drug Innovation Act, which aims to reverse the life-changing drug price reforms recently passed into law in the Inflation Reduction Act. The bill would repeal reforms patients fought for years to achieve. It would block Medicare from negotiating lower prices, remove caps on annual price increases which are now limited to the rate of inflation, and raise out-of-pocket costs for millions of Medicare beneficiaries. In response, Patients For Affordable Drugs Now is mobilizing patients and launching digital ads in Wyoming to send a clear message to Senator Lummis: Don’t raise our drug prices.

“Senator Lummis is putting Big Pharma ahead of patients, seeking to reverse provisions of the Inflation Reduction Act that will lower costs for thousands of Wyoming patients and which are supported by almost 80 percent of Americans, including seven out of 10 Republicans,” said David Mitchell, cancer patient and founder and president of Patients For Affordable Drugs Now. “Patients worked too hard to pass these reforms to lower drug prices; we will not stand still while pro-pharma senators like Senator Cynthia Lummis try to undo it – we will fight back.”

The senators gave the bill the intentionally misleading name of the “Protect Drug Innovation Act,” falling back on Big Pharma’s discredited chestnut that anything to lower prices will stymie innovation. In the wake of the passage of the Inflation Reduction Act, investment in biotech stocks rose and a major drug company CEO said his company will do fine under its provisions.

P4ADNow’s campaign includes digital static ads as well as grassroots advocacy, where patients tell Senator Lummis to stand with patients, not Big Pharma.

See ad examples below:

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In addition to Wyoming, P4ADNow will also be running ads in Oklahoma, Utah, and Florida where Senators Lankford, Lee, and Rubio also sponsored the bill.

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Patients For Affordable Drugs Now is an independent, bipartisan patient organization focused on policies to lower drug prices. P4ADNow does not accept funding from any organizations that profit from the development or distribution of prescription drugs.

P4ADNow Launches Push In Oklahoma, Calling Out Senator Lankford For Standing With Big Pharma To Actually Raise Drug Prices

“Our Senators Should Be Working To Expand These Reforms To All Americans, Not Reverse Them. This Legislation Is Unforgivable.”

OKLAHOMA — Patients are pushing back hard on Senator James Lankford’s recent effort to force them to pay more for their prescriptions. Senator Lankford is cosponsoring the so-called Protect Drug Innovation Act, which aims to reverse the life-changing drug price reforms recently passed into law in the Inflation Reduction Act. The bill would repeal reforms patients fought for years to achieve. It would block Medicare from negotiating lower prices, remove caps on annual price increases which are now limited to the rate of inflation, and raise out-of-pocket costs for millions of Medicare beneficiaries. In response, Patients For Affordable Drugs Now is mobilizing patients and launching digital ads in Oklahoma to send a clear message to Senator Lankford: Don’t raise our drug prices.

“Senator Lankford is putting Big Pharma ahead of patients, seeking to reverse provisions of the Inflation Reduction Act that will lower costs for tens of thousands of Oklahomans and which are supported by almost 80 percent of Americans, including seven out of 10 Republicans,” said David Mitchell, cancer patient and founder and president of Patients For Affordable Drugs Now. “Patients worked too hard to pass these reforms to lower drug prices; we will not stand still while pro-pharma senators like James Lankford try to undo it – we will fight back.”

The senators gave the bill the intentionally misleading name of the “Protect Drug Innovation Act,” falling back on Big Pharma’s discredited chestnut that anything to lower prices will stymie innovation. In the wake of the passage of the Inflation Reduction Act, investment in biotech stocks rose and a major drug company CEO said his company will do fine under its provisions.

“I wish I were surprised by Senator Lankford’s attempt to reverse the recent drug price reforms – but this is just another example of politicians standing with Big Pharma instead of with patients,” added Clayton McCook, from Edmond whose daughter, Lily, lives with type 1 diabetes. “The Inflation Reduction Act is a huge step in the right direction to lower drug prices. Our senators should be working to expand these reforms to all Americans, not reverse them. This legislation is unforgivable.”

P4ADNow’s campaign includes digital static ads as well as grassroots advocacy, where patients tell Senator Lankford to stand with patients, not Big Pharma.

See ad examples below:

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In addition to Oklahoma, P4ADNow will also be running ads in Utah, Wyoming, and Florida where Senators Lee, Lummis, and Rubio also sponsored the bill.

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Patients For Affordable Drugs Now is an independent, bipartisan patient organization focused on policies to lower drug prices. P4ADNow does not accept funding from any organizations that profit from the development or distribution of prescription drugs.

P4ADNow Launches Push In Florida, Calling Out Senator Rubio For Standing With Big Pharma To Actually Raise Drug Prices

“Finally, Congress Passed A Law To Allow Medicare To Negotiate Drug Prices, And Senator Rubio Wants To Reverse It?! Makes No Sense.”

FLORIDA — Patients are pushing back hard on Senator Marco Rubio’s recent effort to force them to pay more for their prescriptions. Senator Rubio is cosponsoring the so-called Protect Drug Innovation Act, which aims to reverse the life-changing drug price reforms recently passed into law in the Inflation Reduction Act. The bill would repeal reforms patients fought for years to achieve. It would block Medicare from negotiating lower prices, remove caps on annual price increases which are now limited to the rate of inflation, and raise out-of-pocket costs for millions of Medicare beneficiaries. In response, Patients For Affordable Drugs Now is mobilizing patients and launching digital ads in Florida to send a clear message to Senator Rubio: Don’t raise our drug prices.

“Senator Rubio is putting Big Pharma ahead of patients, seeking to reverse provisions of the Inflation Reduction Act that will lower costs for hundreds of thousands of Floridians and which are supported by almost 80 percent of Americans, including seven out of 10 Republicans,” said David Mitchell, cancer patient and founder and president of Patients For Affordable Drugs Now. “Patients worked too hard to pass these reforms to lower drug prices; we will not stand still while pro-pharma senators like Marco Rubio try to undo it – we will fight back.”

The senators gave the bill the intentionally misleading name of the “Protect Drug Innovation Act,” falling back on Big Pharma’s discredited chestnut that anything to lower prices will stymie innovation. In the wake of the passage of the Inflation Reduction Act, investment in biotech stocks rose and a major drug company CEO said his company will do fine under its provisions.

“Florida seniors like me need Senator Rubio to stop standing in the way of lowering drug prices!” said Sheldon Armus of Boynton Beach, who lives with several cardiac conditions. “Finally, Congress passed a law to allow Medicare to negotiate drug prices, and Senator Rubio wants to reverse it?! Makes no sense.”

P4ADNow’s campaign includes digital static ads as well as grassroots advocacy, where patients tell Senator Rubio to stand with patients, not Big Pharma.

See ad examples below:

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In addition to Florida, P4ADNow will also be running ads in Oklahoma, Utah, and Wyoming, where Senators Lankford, Lee, and Lummis also sponsored the bill.

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Patients For Affordable Drugs Now is an independent, bipartisan patient organization focused on policies to lower drug prices. P4ADNow does not accept funding from any organizations that profit from the development or distribution of prescription drugs.