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Big Pharma Wins Big With Health Care Reform Bill

ALAN FRAM   03/29/10 07:31 AM ET   AP

Pharma

WASHINGTON — Chalk one up for the pharmaceutical lobby. The U.S. drug industry fended off price curbs and other hefty restrictions in President Barack Obama's health care law even as it prepares for plenty of new business when an estimated 32 million uninsured Americans gain health coverage.

To be sure, the law also levies taxes and imposes other costs on pharmaceutical companies, leaving its final impact on the industry's bottom line uncertain. A recent analysis by Goldman Sachs, the Wall Street firm, suggests the overhaul could mean "a manageable hit" of tens of billions of dollars over the coming decade while bolstering the value of drug-company stocks. Others expect profits, not losses, of the same magnitude.

Either way, pharmaceutical lobbyists won new federal policies they coveted and set a trajectory for long-term industry growth. Privately, several of them say their biggest triumph was heading off Democrats led by Rep. Henry Waxman, D-Calif., who wanted even more money from their industry to finance the health care system's expansion.

"Pharma came out of this better than anyone else," said Ramsey Baghdadi, a Washington health policy analyst who projects a $30 billion, 10-year net gain for the industry. "I don't see how they could have done much better."

Costly brand-name biotech drugs won 12 years of protection against cheaper generic competitors, a boon for products that comprise 15 percent of pharmaceutical sales. The industry will have to provide 50 percent discounts beginning next year to Medicare beneficiaries in the "doughnut hole" gap in pharmaceutical coverage, but those price cuts plus gradually rising federal subsidies will mean more elderly people will purchase more drugs.

Lobbyists beat back proposals to allow importation of low-cost medicines and to have Medicare negotiate drug prices with companies. They also defeated efforts to require more industry rebates for the 9 million beneficiaries of both Medicare and Medicaid, and to bar brand-name drugmakers' payments to generic companies to delay the marketing of competitor products.

The impressive list of wins is testament to a carefully planned and well-financed lobbying strategy, led by Pharmaceutical Research and Manufacturers of America, the industry's deep-pocketed trade group.

The trade group has been led by Billy Tauzin, whose $4.5 million in earnings in 2008, the most recent figure available, underscore the high stakes for the industry.

The former Louisiana congressman will quit his post in June – a decision he abruptly announced in February when it seemed the health bill would die. Some industry officials said at the time that Tauzin was forced out, which the trade group denied.

As Obama's health care drive began last year, drugmakers agreed with Senate Finance Committee Chairman Max Baucus, D-Mont., and White House officials to support the effort. In exchange, the companies volunteered $80 billion in 10-year savings for the health care changes, and backed it up with an expensive TV ad campaign pushing Obama's proposal.

It is unclear precisely how much drug manufacturers ended up contributing, in part because much of the savings – like discounts to seniors – come off prices the companies themselves set. Their biggest expenses over the decade are estimated to include over $20 billion for an expanded rebate for medicines used by Medicaid, $28 billion for a new fee on drug firms and about $30 billion for closing the "doughnut hole."

In a March 21 newsletter, the financial services firm Morgan Stanley estimated a $95 billion, 10-year price tag, offset by tens of billions the companies would gain from extra customers and other provisions. Industry critics say the cost will be lower because of firms' control of prices, and will be more than outweighed by added sales.

Yet even the worst-case scenario – a net cost of tens of billions – would be small for a U.S. drug industry that IMS Health, a medical data firm, calculates earns more than $300 billion a year.

"Let's put it this way: They can afford it," said Tim Chiang, a pharmaceutical analyst in Stamford, Conn.

Drugmakers gained an eleventh-hour win when lawmakers decided against expanding drug discounts to some hospitals serving low-income patients, a proposal some feared could cost tens of billions. The overhaul law that Obama signed Tuesday would have broadened those discounts to inpatients, but the companion bill revising the earlier measure largely pulled that back.

Senate Finance Committee Chairman Baucus, said in an interview last week that as a trade-off for rolling back that expansion, the drug industry agreed to provide an additional $10 billion over a decade to help close the gap in Medicare coverage.

As for what Democrats gained from their ally, the industry and coalitions it joined spent about $67 million on supportive TV ads since the beginning of 2009, according to Evan Tracey, president of Kantar CMAG, which tracks political ads. That made it one of the biggest players in an airwaves battle that saw all sides spend $220 million.

Pharmaceutical interests spent $188 million lobbying last year, more than all but a handful of industry sectors, according to the nonpartisan Center for Responsive Politics. They employed an army of 1,105 lobbyists.

And after years of funneling most of its campaign contributions to Republicans, the industry has favored Democrats with 56 percent of the $5 million it has handed candidates so far this year. The biggest recipient, by far, of the industry's 2008 election cycle contributions of $13.8 million was Obama, who received $1.2 million for his presidential campaign.

"They're certainly going to get a very high return on that investment," Waxman said in a recent interview.

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12:42 PM on 04/06/2010
Antidepressant advertising is directly targeted at manipulating normal healthy women to want to be medicated. Women must stand up to big pharma’s bullying them to over-medicate with antidepressants washing out their emotions & personalities and interfering being mothers, sisters, brothers, daughters, partners and lovers.. Women are targeted for antidepressants by big Pharma in the same way that tobacco companies targeted us 70 years ago. Drug companies are so effective at selling unhappiness to women that women take more than twice as many antidepressants as men. Like effexor Wyeth/Pfizer plans on using modern marketing techniques and direct payments to doctors to have Pristiq over prescribed instead of used based on evidence based diagnosis. http://sadnessaddiction.blogspot.com/
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beckola
Dance like no one is watching
10:31 AM on 03/31/2010
Can we all remember this started under George W?

"Bush did not want Medicare to have the power to bargain with Big Pharma over the high prices of these prescription drugs. After all profits are profits, and people are, well, whatever, certainly not as important as Big Pharma’s bottom lines. The president also discouraged seniors from buying drugs from Canada, where they are cheaper, insisting that he and the FDA could not vouch for their quality and safety. Nothing like a little fear mongering." ONLINE JOURNAL

Sadly, however, Obama has perpetuated Bush's shameful legacy.
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11:58 PM on 03/30/2010
Of course we tell Mexico, Columbia and Afghanistan that THEY need to do something
about drug cartels corrupting government officials. :-)

There must be a law somewhere on the books preventing any government official
from "knowingly" overpaying for a product or service.

The people need to see clear and accurate cost comparison charts showing what everyone else in the world is paying for these exact same chemical compounds.

Pick up your pens and your mighty keyboards and make some noise.

How about a viral video challenge?

Pharma Wants Your Grandmother On Drugs!

Just Say No To Drug......Companies

This Is Your Government
This Is Your Government On Drugs!

Pharma America's Drug Cartel

Tax Pharma 95% for every penny they charge US
over the international average.
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HUFFPOST SUPER USER
tbone99
cruisin' duality
12:59 PM on 03/31/2010
Well said!
I recently needed a sedative prior to dental surgery. The side effects on the drug read "may cause SLEEP DRIVING!
This is a commonly used sleeping pill. I shuddered to think how many people out there are driving without knowing it.
I decided to skip the sedative and just depend on a homeopathic.
10:14 PM on 03/30/2010
That was the idea from the start and the only reason Obama pushed so hard at the end. All this was about was more corporate welfare the largest amount yet, to the drug and insurance companies. Obama threw out the doctors for single payer and made his dirty backroom deals with Big Pharma and the insurance companies from the get go. It's no surprise the insurance and drug company stocks went soaring when this bill passed. They are the ones that wrote this bill and all their protests and the protests of the corp. loving Republicans were for show. Both sides are one and the same. Obama is owned by the same people that owned Reagan - W. It won't end until every dime from what's left of the middle class is taken and they become the poor and every program that helps the poor is ended. Then there will be a slave society even more than there already is.
03:11 PM on 03/30/2010
Don't give up. RELOAD!
Even Howard Dean, the marginalized but most level-headed and fierce advocate for this entire healthcare effort said "kill the bill" when it became obvious that the crappy Senate bill would be the foundation. That was before he was coerced into quickly changing his mind when complete failure to pass anything looked like sure political death for President Obama and the Democratic party.

This crappy "foundation" that's now law can be partly abandoned and a new structure set up beside it if enough of us would organize an effort to pressure Congress to fulfill their promise to the American people, beginning with Harry Reid's commitment to holding a separate vote on a public option in the coming months. http://www.huffingtonpost.com/2010/03/19/reid-promises-separate-pu_n_506272.html

Whip both houses to agree on Alan Grayson's 4 page Medicare buy-in Public Option bill. Amend it to allow for drug re-importation and Medicare drug price negotiation . This is commonsense cost-containment. CBO score it and pass it at the next reconciliation opportunity that Sen. Reid has agreed in writing to allow.

Throw in other fixes that were scuttled by the W.H. on behalf of the H.C. industry. Heck, change Grayson's at-cost buy-in to cost+ some percentage if the policies are still cheaper but competitive with the industry and it helps Medicare's solvency problem. I know we'd have more leverage with Congress than the W.H.
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graymatters
I carry a gun because a cop is too heavy
11:52 AM on 03/30/2010
Hopefully you liberals will start opening your eyes and stop relying on MSNBC annd Jon Stewart for your news. LOL
09:52 AM on 03/30/2010
Whoa - where did this come from? Is this my HP that reports -

"Costly brand-name biotech drugs won 12 years of protection against cheaper generic competitors, a boon for products that comprise 15 percent of pharmaceutical sales."

Another example of how this law reduces competition and the secondary consequences will be bad for ALL AMERICANS.
03:35 AM on 03/30/2010
Underemployment At Record 20% According To Gallup

Just in case anyone needed confirmation that the DOL data is just a little, how should we say it, cooked

Gallup’s underemployment measure is based on more than 20,000 phone interviews collected over a 30-day period and reported daily.
02:55 AM on 03/30/2010
Don't let this article upset you when we all have, to some degree, command of this situation.
The leading causes of death are all diet related. 66% of the population is overweight which further increases the risk in the development of chronic diseases. If we as a nation learn to optimize our health via exercise, proper nutrition, stress reduction, adequate sleep, then the we will be the real winners.

While medications help to save many lives and I think the drug companies should get compensated for that, we do have some control to delay PHARMA getting that money.
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clearthinker2008
we need to respect each other
06:44 AM on 03/30/2010
It's going to be a lot of "diet is the cause of all illness" folks get sick and don't understand why they themselves are dying or are sick. So are thin people. It is not that simple. I'm glad the rest of the world don't try and constantly blame illness on their citizens and enjoy life and believe health care is a right for all.

Everyone gets sick. Every one dies. It's a myth to believe you can "pure eat" you way out of death.
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mtwa
12:35 PM on 03/31/2010
You need to do your homework to educate yourself properly. Yes, you most certainly can avoid these diseases and it IS just as simple as what you put into your body. Take responsibility for your own health. Stop looking to big Pharma to create a pill that allows you to keep living your crappy unhealthy lifestyle.
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HUFFPOST SUPER USER
Robert Cantor
I am a human being descended from a small group of
01:18 AM on 03/30/2010
every inequity in can be fixed by congress

as long as the Right simply attacks HCR it will never get better
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rougebaisers
12:08 AM on 03/30/2010
Take heed of stories like this. Many are going to continue to profit like never before thanks to Congress and this president, who forced a bill on the American people with absolutely NO REGULATION IN PLACE, a dupa backwards approach to reform at best. Health care reform....ABSOLUTELY NOT. Health insurance reform....THEY WILL GET AROUND IT ALL, AND ALREADY ARE. Greed rules the day, especially NOW that this bill is law.
11:45 PM on 03/29/2010
The insurers did even better .... http://ofthisandthat.org/LettertoPresident.html .... March 19 item.
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11:22 PM on 03/29/2010
obama selling america off to pharma/insurance through backroom deals..........so much for change we can believe in.
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Robert Cantor
I am a human being descended from a small group of
01:20 AM on 03/30/2010
yes!!! now that we have identified problems with HCR Congress will never, ever, ever, ever be able to do anything to fix it

once a law is a law it can never, ever, ever, ever be changed to make it better
03:58 PM on 03/30/2010
Be careful.........curse the name of Obama and you will pay greatly at the HuffPost. I know from experience.
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11:20 PM on 03/29/2010
obama made backroom deals with pharma/insurance before there was even ink drawn on paper for this bill......

max blockus allowed blocking of singlepayer and potus was awefully quiet.

thanks mr. president for selling americans out to pharma/insurance and lieing to americans by telling us this reform is substantive..........

what would have been more substantive would have been if we had singlepayer and ability to negotiate prices for drugs as a nation rather than as individual groups.