Drugmakers To Be Required To Put Prices In TV Ads So Patients Are No Longer ‘Left In The Dark’
“If you’re ashamed of your drug prices, change your drug prices,” said HHS Secretary Alex Azar. Proponents of the Trump administration's new rule say that TV ads often steer patients toward pricier drugs without disclosing just how much they cost. Critics, however, say including the list price -- which patients with insurance would rarely have to actually pay -- is confusing and could keep patients from seeking out medication they need. A disclaimer will have to state, “if you have insurance that covers drugs, your cost may be different,” though.
The New York Times:
Drug Prices Will Soon Appear In Many TV Ads
The Trump administration for the first time will require pharmaceutical companies to include the price of prescription drugs in television advertisements if the cost exceeds $35 per month. The move, announced on Wednesday by Alex M. Azar II, the health and human services secretary, is the most visible action the administration has taken so far to address the rising cost of prescription drugs. It has been a key issue for American voters and one that both Republicans and Democrats have vowed to address. (Thrush and Thomas, 5/8)
The Associated Press:
TV Pitches For Prescription Drugs Will Have To Include Price
Health and Human Services Secretary Alex Azar said Wednesday the Trump administration has finalized regulations requiring drug companies to disclose list prices of medications costing more than $35 for a month's supply. "What I say to the companies is if you think the cost of your drug will scare people from buying your drugs, then lower your prices," Azar said. "Transparency for American patients is here." In a tweet, President Donald Trump celebrated the announcement, saying: "Historic transparency for American patients is here. If drug companies are ashamed of those prices lower them!" (Alonso-Zaldivar, 5/8)
The Wall Street Journal:
Drug Prices To Be Disclosed In TV Ads Soon
Drugmakers have opposed the mandate, saying the rule could improperly limit free speech and that providing only the list price would confuse and mislead consumers who might think they have to pay more than they actually would. The list price is the figure initially set by the drugmaker, but it is different than what consumers generally pay, because it doesn’t take into account rebates, discounts and insurance payments. “While we are still reviewing the administration’s rule, we believe there are operational challenges, particularly the 60-day implementation timeframe, and think the final rule raises First Amendment and statutory concerns,” said Stephen Ubl, president and chief executive of the Pharmaceutical Research and Manufacturers of America, in a written statement. PhRMA is an industry trade group. (Armour, 5/8)
NPR:
New Rule For Drugmakers: Disclose Drugs' List Prices In TV Ads
Industry groups have fought this move since it was announced in October. They adopted voluntary rules, that would have directed ad viewers to a website with more detailed cost information. Today, in a statement, the Pharmaceutical Research and Manufacturers of America (PhRMA) wrote that the list price is confusing since that's not what most people pay. The rule addresses that by requiring an additional statement that reads, "If you have health insurance that covers drugs, your cost may be different." PhRMA also said that the rule raises "First Amendment and statutory concerns." Court challenges may be coming. The legal authority given by the White House is based on the laws that require Medicare and Medicaid to be run in a cost-effective manner, according to the rule. (Simmons-Duffin, 5/8)
Bloomberg:
Drug Prices In US TV Ads Under New Trump Rule
The trade association said the rule would give patients watching TV the false impression that they’re required to pay the full price and that the ads would deter patients from seeking treatment. The group also said the proposal would violate the First Amendment by compelling commercial speech.(Edney, 5/8)
Stat:
Drug Makers Will Have To Include Prices In TV Ads As Soon As This Summer
Azar said Wednesday that drug makers that choose to follow PhRMA’s proposal and only include a link to pricing information would not be complying with the rule. He told STAT that PhRMA’s proposal is “not acceptable.” “They put $4 billion a year into television advertising because the television ad is where people are getting their information, and to point them to the internet would be the equivalent of saying that they should simply be putting their ads on the internet and not running them on TV,” Azar added. (Florko, 5/8)
Modern Healthcare:
Drug Prices Must Be Listed In TV Ads Under New Federal Rule
The CMS is relying on drug companies to effectively regulate each other, a break from how direct-to-consumer ads are currently regulated. The Food and Drug Administration already regulates direct-to-consumer ads and cracks down on companies that fail to list the side effects among other violations. However, HHS decided not to send the rule through FDA but rather through the CMS due to legal reasons. (King, 5/8)
The Hill:
Trump Administration Will Require Drug Companies To Disclose Prices In TV Ads
HHS has said they think the rule is on firm legal ground, and Azar said there's no reason patients should be kept in the dark about the full prices of the products they're being sold. "We think it is a fundamental right to know whether that drug they’re being pitched is a $50 or $5,000 drug," Azar said. (Weixel, 5/8)
CQ:
Drugmakers Have To Disclose List Prices In Ads Under New Rule
Sens. Richard J. Durbin, D-Ill., and Charles E. Grassley, R-Iowa, who have sought to pass legislation that would require these types of disclosures, said they would continue their legislative work. "When drug manufacturers flood the airwaves with these ads, our legislation – which passed in the Senate last year – would require common-sense price disclosure," they said in a joint statement. (McIntire and Siddons, 5/8)
Georgia Health News:
Verma, In Atlanta, Talks TV Drug Prices, Rural Health, Georgia Waivers
The head of the federal Medicare and Medicaid agency said Wednesday in Atlanta that the new White House regulation on pharmaceutical TV ads will bring “much-needed pricing transparency to the market for prescription drugs. ’’The new policy, announced Wednesday, will require companies to disclose prices in TV ads for any drugs that will cost above $35 for a month’s supply or a usual course of therapy. (Miller, 5/8)
In other pharmaceutical news —
Health News Florida:
Drug Importation Fight Moves To Washington
The battle over whether to allow state programs and Floridians to have access to prescription drugs imported from Canada has already been waged in the Legislature, but it is now shifting from the halls of Tallahassee to Washington, D.C. One week after state lawmakers gave final approval to create international drug-importation programs, Gov. Ron DeSantis met Monday with President Donald Trump and U.S. Department of Health and Human Services Secretary Alex Azar. Trump during the meeting directed his administration to “explore additional options, including drug importation opportunities, to reduce drug prices in a safe way for Floridians,” according to a White House pool report. (Sexton, 5/8)
Stat:
How Americans Are Using Pilgrimages To Canada To Get Cheaper Insulin
Insulin in Canada sells for a fraction — roughly one-tenth — of what it costs in the U.S., and these Minnesotans were determined to see whether they could get a better deal by jumping in a car and crossing the border. So, that’s what they did. On Saturday, six advocates, three reporters, two photographers, and a pair of supportive parents piled into four cars, all emblazoned with hand-painted slogans of “#Insulin4All,” and made the pilgrimage from the Twin Cities to Fort Frances. (Florko, 5/9)
In case you missed it, check out our Prescription Drug Watch for news coverage and perspectives on rising drug costs.
