Richard Davis Article on Cheryl's Prescription Drug Work

THE DRUG WARS
From the Brattleboro Reformer
Wednesday, March 3, 2004
By Richard Davis

GUILFORD- There have been a lot of news stories recently about different approaches to lowering drug prices. It is very difficult to know what is really going on, so I contacted the one person who, I think, has a grip on the situation. Cheryl Rivers is the Executive Director of the National Legislative Association on Prescription Drug Prices. She has been working on this issue for a number of years and also served as a state Senator in Vermont prior to taking her current position. Rivers is a candidate for Lieutenant Governor.

Rivers told me that, “I have become convinced that there is no one magic thing to do to control drug costs.

As much as the Bush administration says it is for free markets, it is doing everything it can not to have free markets.” The best example of this Bush administration stance is found in the Medicare overhaul bill that was passed last December. The bill prohibits the federal government from negotiating with pharmaceutical manufacturers for lower drug prices.

There have been efforts by states to pool together for the purpose of buying drugs in bulk to lower the cost, but the Bush administration has not been helpful with those efforts. Rivers said that she has made unsuccessful attempts to get Vermont to join with other states into a buying pool.

In order for these pools to operate legally it would require a waiver from the federal government. States that have tried to create buying pools have applied for the waivers, but, according to Rivers, “…The impediment has been a lack of response (by the federal government) to the waiver.” She said that Vermont submitted a request for a waiver to the Centers for Medicare and Medicaid Services (CMS) over a year ago and there has been no answer.

Governor Douglas has recently tried to create a buying pool with the state of Michigan but hope for that is all but dead. CMS and the Bush administration Secretary of Health and Human Services Tommy Thompson seem poised to make sure that the two states do not create any situation that would force drug companies to lower their prices.

According to a February 23 Associated Press story, Michigan and Vermont “…were the first to pool resources for buying drugs under the state-federal Medicaid program that provides health care to the poor. Other states, including New Hampshire and South Carolina, were considering joining.

The AP story went on to quote Michigan Governor Jennifer Granholm, a Democrat, who said that the federal Centers for Medicare and Medicaid Services rejected the program on grounds it violated federal procurement procedures.

Keep in mind that all of these plans would only apply to the Medicaid population and those eligible for expanded Medicaid benefits within states. The purchasing pools would simply be a foot in the door, and Bush and his buddies in the pharmaceutical industry do not want to open the door to anything that would force negotiation for affordable drug prices.

Americans are angry, but they’re also smart when it comes to saving a buck. Thousand are not waiting for politicians and policymakers to do the right thing, so they have taken matters into their own hands. Sales of Canadian prescription drugs to Americans, especially seniors, are soaring. The Bush administration is not going after individuals yet, but they are trying to make life difficult for states and cities that create Canadian drug reimportation programs for their residents.

The federal government may be forced to do something about drug reimportation during an election year. That could be tricky, considering that whatever happens will play out in a very public and visible way. I suspect Bush and his lieutenants will stall as long as possible. Rivers noted that drug reimportation issues are coming to a head and that “Things are coming to a boiling point in Congress.” It will be interesting to see when the pot boils over and who gets burned.

Rivers group doesn’t advocate for one particular approach to solving the drug affordability problem. Their role is to be the policy catalyst for change and to be a resource for state legislators. They initiated an effort to create a non-profit pharmacy benefits manager (PBM) program. It was River’s idea, but it is not under her control. This new entity would manage pharmacy benefits in a non-profit environment. In order to get up and running and to establish a track record of saving consumers money, it would require businesses to sign on. Things are still in the development stage.

All of these efforts still beg the question, “Why not just pass laws requiring drug companies to negotiate for lower prices with governments and businesses?” Some have tried. The task is monumental. Until we have sweeping campaign finance reform in this country, reality would knock you hard on the head unless you are able to scrape together a few hundred million dollars to fight the pharmaceutical industry lobby. the meantime we can be thankful for efforts by forward thinking legislators such as Bernie Sanders, governors and mayors such as Peter Clavelle and Cheryl Rivers and members of the National Legislative Association on Prescription Drug Prices.

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