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Lobbyists working to pass Pharma-backed legislation currently outnumber lobbyists working to oppose it by more than 20-to-1, estimates Public Citizen.
Government watchdog Public Citizen is warning that the pharmaceutical industry is preparing an all-out blitz aimed at sabotaging government efforts to negotiate lower prices for prescription drugs.
In a report released on Wednesday, Public Citizen said it found that the major pharmaceutical companies this year have hired more than 500 lobbyists to push for the passage of three pieces of legislation that would undermine the provisions allowing the government to negotiate lower drug prices contained in the 2022 Inflation Reduction Act.
The first piece, called the ORPHAN Cures Act, was passed by Congress in July after being stuffed into the One Big Beautiful Bill Act. According to Public Citizen, the law will "delay and exempt some of the most profitable drugs—including cancer treatments—from negotiations, representing tens of billions in annual Medicare spending."
The other two pieces of legislation—the EPIC Act and the MINI Act—have not yet been passed, and Public Citizen says that they "would lengthen the already long delay period before small molecule drugs are eligible for negotiation—effectively excluding many medicines from negotiations entirely or shortening the period patients have access to lower negotiated prices to only one or two years."
Public Citizen estimates that there are currently 501 lobbyists who are pushing to pass these laws, while just 24 lobbyists are working to block their passage. In total, notes Public Citizen, this means opponents of the legislation are outnumbered by a ratio of more than 20-to-1.
Steve Knievel, Public Citizen's access to medicines advocate, called on elected representatives to "reject the demands of pharma lobbyists and instead work to make prescription drugs more affordable" for their constituents.
"Instead of handing drug corporations billions of dollars by helping them evade price negotiations," Knievel said, "Congress should pass legislation to empower Medicare to negotiate lower drug prices on all costly medicines and allow all patients to access lower, negotiated prices, even if they don’t have Medicare."
"There are a number of much-needed reforms to the healthcare system that we could offer now that would substantially improve the lives of the American people and are also incredibly popular."
As Americans face soaring health insurance premiums and a vote to extend expiring Affordable Care Act subsidies looms, Sen. Bernie Sanders argued in a Tuesday letter to Democratic lawmakers that "it is imperative that we all support that legislation, but we must do much more."
Congressional Democrats' fight for ACA subsidies led to the longest government shutdown in US history—which ended last week, after eight members of the Senate Democratic Caucus caved without securing any guarantees. Instead, as Sanders (I-Vt.) noted, Majority Leader John Thune (R-SD) agreed to hold a vote on extending the tax credits no later than the second week of December.
"At a time when the Republicans have been forced to finally talk about the healthcare crisis facing our country, it is essential that the Democratic Caucus unify behind a set of commonsense policies that will make healthcare more affordable and accessible," Sanders wrote. "The American people are paying attention. Now is the time to act."
Sanders, who caucuses with Democrats, is the ranking member of the Senate Committee on Health, Education, Labor, and Pensions. The panel's chair, Sen. Bill Cassidy (R-La.), is now pushing President Donald Trump's proposal to encourage Americans to shift to high-deductible plans and have the government put money directly into their health savings accounts.
"What Republicans are proposing is a bad deal for hardworking Americans, but a good deal for the wealthy," Jessica Schubel, who was a healthcare adviser to former President Joe Biden, explained Tuesday in a Fox News op-ed. "This new proposal could push millions into buying high-cost plans that make you pay thousands of dollars before they start paying for your care. Healthcare costs could skyrocket while undermining the entire Obamacare system—putting care at risk for millions of Americans."
Sanders' letter similarly warns that "while President Trump and some other Republicans in Congress are rightfully going after what they call 'the money sucking, BIG, BAD Insurance Companies,' the policies they have been discussing would make a bad situation even worse" by leading to "more medical bankruptcies, more unaffordable care, and more Americans going without the healthcare they desperately need."
The country's current debate over ACA subsidies has sparked fresh calls for a shift to government-funded universal healthcare, for which Sanders has long led the fight in Congress. He acknowledged that "while I believe that the long-term solution to the healthcare crisis is Medicare for All, and I appreciate the 16 cosponsors we have on that legislation in the Senate, and the more than 100 cosponsors we have in the House, this bill does not yet have majority support in the Democratic Caucus."
"The good news, however, is that there are a number of much-needed reforms to the healthcare system that we could offer now that would substantially improve the lives of the American people and are also incredibly popular," he continued.
Specifically, Sanders called for:
"At a time when the vast majority of Americans understand that our current healthcare system is broken, dysfunctional, and cruel, we must offer serious proposals which begin to address the systemic deficiencies within American healthcare," he stressed. "We should not be defending a system which is not only, by far, the most expensive in the world, but one which numerous international studies describe as one of the worst."
For example, last year the US-based Commonwealth Fund examined 10 peer countries—Australia, Canada, France, Germany, the Netherlands, New Zealand, Sweden, Switzerland, the United Kingdom, and the United States—and found that "the US continues to be in a class by itself in the underperformance of its healthcare sector."
Without federal intervention, conditions in the US sector are on track to get worse. Thanks to expiring subsidies, soaring premiums, and Trump and GOP lawmakers' recent cuts in their so-called One Big Beautiful Bill Act, an estimated 15 million Americans could lose health insurance altogether over the next decade.
The provision, part of the Senate budget bill, was described as "a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars."
The deep-pocketed and powerful pharmaceutical industry notched a significant victory on Monday when the Senate parliamentarian ruled that a bill described by critics as a handout to drug corporations can be included in the Republican reconciliation package, which could become law as soon as this week.
The legislation, titled the Optimizing Research Progress Hope and New (ORPHAN) Cures Act, would exempt drugs that treat more than one rare disease from Medicare's drug-price negotiation program, allowing pharmaceutical companies to charge exorbitant prices for life-saving medications in a purported effort to encourage innovation. (Medications developed to treat rare diseases are known as "orphan drugs.")
The consumer advocacy group Public Citizen observed that if the legislation were already in effect, Medicare "would have been barred from negotiating lower prices for important treatments like cancer drugs Imbruvica, Calquence, and Pomalyst."
Among the bill's leading supporters is Sen. Martin Heinrich (D-N.M.), whose spokesperson announced the parliamentarian's decision to allow the measure in the reconciliation package after previously advising that it be excluded. Heinrich is listed as the legislation's only co-sponsor in the Senate, alongside lead sponsor Sen. John Barrasso (R-Wyo.).
"Sen. Heinrich should be ashamed of prioritizing drug corporation profits over lower medicine prices for seniors and people with disabilities," Steve Knievel, access to medicines advocate at Public Citizen, said in a statement Monday. "Patients and consumers breathed a sigh of relief when the Senate parliamentarian stripped the proposal from Republicans' Big Ugly Betrayal, so it comes as a gut punch to hear that Sen. Heinrich welcomed the reversal and continued to champion a proposal that will transfer billions from taxpayers to Big Pharma."
"People across the country are demanding lower drug prices and for Medicare drug price negotiations to be expanded, not restricted," Knievel added. "Sen. Heinrich should apologize to his constituents and start listening to them instead of drug corporation lobbyists."
The Biotechnology Innovation Organization, a lobbying group whose members include pharmaceutical companies, has publicly endorsed and promoted the legislation, urging lawmakers to pass it "as soon as possible."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients."
The nonpartisan Congressional Budget Office has estimated that the ORPHAN Cures Act would cost U.S. taxpayers around $5 billion over the next decade.
Merith Basey, executive director of Patients For Affordable Drugs Now, said that "patients are infuriated to see the Senate cave to Big Pharma by reviving the ORPHAN Cures Act at the eleventh hour."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars," said Basey. "We call on lawmakers to remove this unnecessary provision immediately and stand with an overwhelming majority of Americans who want the Medicare Negotiation program to go further. Medicare negotiation will deliver huge savings for seniors and taxpayers; this bill would undermine that progress."