Pramod John Other than the grip that the pharmaceutical industry has on Congress and our state legislatures primarily through their lobbying and control of regulatory bodies, pragmatic fixes to the US drug cost crisis are not that elusive. Here are four straightforward policy solutions that would bring fairness to US drug pricing and parity with other industrialized countries.
- Mandate that Medicare, Medicaid and Commercial payers in the US are not obligated to pay a price higher than the average of the top 10 OECD countries.
- Remove the safe harbor regulations under the Federal health care program anti-kickback statute (“AKS”) (42 U.S.C. § 1320a-7b(b)).
- Require that all commercial drug discovery efforts that are direct or derivative results from any US taxpayer funded research be jointly owned by the American people and that licensing be offered to any company that desires to manufacture the drug. Also require that any brand drug that is routinely paid for by the American people will not be litigated when competitors enter the market after the exclusivity period.
- We would have objective standards on determining a fair price for a drug and a full warranty if that outcome is not achieved.