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Virginia lawmakers are considering a plan to take federally “negotiated” Medicare drug prices and apply them more broadly across the state’s healthcare system. On the surface, it’s pitched as a way to make medicines more affordable. But here’s the reality: the government isn’t negotiating—it's setting the price.

That distinction matters, because price-setting carries serious consequences—not just for patients’ wallets today, but for the medicines we’ll have tomorrow.

Price Setting Isn’t Negotiation

Negotiation implies give and take. Two sides sit down, and a mutually agreed price emerges. What the federal program does is different: it determines a Maximum Fair Price unilaterally for select high-cost drugs. Manufacturers don’t have the ability to bargain. The government sets the number—and everyone else has to adjust.

Extending that approach across Virginia may look like savings on paper. But in practice, patients may not see lower bills at the pharmacy counter. Insurance plans and pharmacy benefit managers aren’t required to pass these “negotiated” savings directly to consumers.

Innovation Is at Risk

Here’s the bigger problem: drug development isn’t cheap or easy. Bringing a new therapy to market can cost billions of dollars and take more than a decade. Price caps reduce the potential return on that investment. Over time, that discourages companies from developing the next generation of treatments—especially for complex diseases like cancer, Alzheimer’s, or rare conditions.

For patients, the risk isn’t just paying more today. It’s fewer breakthroughs tomorrow. That’s the cost of turning negotiation into price-setting.

Five Questions Virginia Lawmakers Should Ask

  1. Will patients actually pay less?
    Lower list prices for insurers don’t automatically translate into lower out-of-pocket costs for patients. Deductibles, co-pays, and benefit design all matter more than the capped price in many cases.
  2. Could this stifle innovation?
    If companies see less potential return on investment, they may focus less on developing new therapies. Patients could pay the price in delayed or fewer breakthroughs.
  3. Was this program designed for the broader market?
    The federal rules were created specifically for Medicare. Expanding them into other parts of the healthcare system could have unintended consequences for coverage, reimbursement, and drug availability.
  4. Does it cover enough drugs to matter?
    The first round of federal negotiations focuses on a handful of medicines for chronic conditions. Most patients’ costs come from broader drivers—insurance premiums, deductibles, and specialty tiering—not just the few drugs affected.
  5. Should Virginia be a policy test case?
    Applying federal price-setting beyond its original scope effectively turns the state into a laboratory for untested rules. Healthcare markets are complex; unexpected problems are likely.

Real Affordability Is About Access and Savings

Patients experience affordability at the pharmacy counter, not in government formulas. Policies that cap prices without guaranteeing pass-through savings can distort markets and reduce incentives for innovation. True solutions ensure that patients pay less today and that tomorrow’s therapies are still developed.

Virginia can be a leader in making medicines more affordable. But lawmakers must recognize the reality: government “negotiation” is price-setting, and price-setting comes with real risks for patients—both now and in the future.

 

Jerry Rogers is editor at RealClearPolicy and RealClearHealth. He hosts 'The Jerry Rogers Show' on WBAL NewsRadio 1090/FM 101.5. Follow him on Twitter @JerryRogersShow.

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