Getting to 'Yes' on Drug Pricing and Access Reforms

Over recent weeks there has been increased legislative activity around drug pricing and coverage. Perhaps the most notable action was the U.S. House passing the “Strengthening Health Care and Lowering Prescription Drug Costs Act” (H.R. 987) in mid-May, which included several important drug pricing provisions targeting key anticompetitive activities in the pharmaceutical market. Specifically, the bill included provisions aimed at speeding access to lower-cost generic medications, including banning “pay-for-delay” deals, making it easier for generic manufacturers to obtain drug samples needed for bioequivalence testing, and ensuring the first generic entrant does not block competition after the 180-day exclusivity period. While these measures have considerable bipartisan support, most believe the bill's prospects in the Republican-controlled Senate are dim since it also includes several Affordable Care Act-related measures, a highly partisan issue.