What They're Saying: E&C Republicans Help Advance Bipartisan Drug Pricing Bills

WASHINGTON, DC – When it comes to health care, Republicans and Democrats can agree: drug costs are getting out of control. That’s why Energy and Commerce Republicans worked with Democrats to advance several pieces of legislation targeting drug prices and bolstering competition. Energy and Commerce Republican Leader Greg Walden (R-OR), and all of the Republican members, will continue to push for legislation that promotes competition, lowers the out-of-pocket cost for consumers, and establishes transparency and accountability.

Here’s what they are saying:

The Washington Post: The House Energy and Commerce Committee last night advanced six bills that aim to lower prescription drug prices after the panel’s leaders came to an agreement … Following the vote, the committee’s top Republicans Rep. Greg Walden (R-Ore.) and Michael Burgess (R-Tex.) released a statement saying the six bipartisan bills “will help reduce drug prices by bringing more generic competition to market. This will make a real difference for many Americans and this just goes to show that when we work together, we can achieve real results.”

Axios: This includes the CREATES Act, which received bipartisan buy-in after relatively minor changes were made to the original version. That bill would allow generics manufacturers to sue brand-name drug makers for access to the samples they need for approval, although the new version offers more protections to brands. The committee also passed a bill that makes it illegal for branded companies to pay generic companies to stay off the market. CREATES is expected to save the federal government $3.9 billion over 10 years, a fraction of the $100 billion spent on Medicare's prescription drug benefit alone in 2017.

MarketWatch: “I’m pleased that we were able to work together since the subcommittee markup to come to agreements on the CREATES Act and the Protecting Consumer Access to Generic Drugs Act,” said Oregon Republican Rep. Greg Walden, the committee’s ranking member, during a markup session. He said lawmakers had made efforts to “ensure these bills did not intentionally stifle competition and drive up drug costs by accident.”

POLITICO Pro: While Republicans were disappointed that use of companies’ revenue as a factor for calculating penalties remained in the legislation, the changes were enough for them to back advancing CREATES to the House floor, a committee aide said.

InsideHealthPolicy: Rep. Greg Walden (OR), the ranking committee Republican, said he also is working with Democrats to create a Federal Trade Commission advisory committee that would initially review patent settlements. Walden introduced, then withdrew, an amendment to add that advisory committee process, and Chair Frank Pallone (D-NJ) said he would work with Walden on adding that measure before the bill gets to the House floor.

Modern Healthcare: Much of the task for generating enthusiasm among Republicans could fall to the White House. The administration raised conservatives' eyebrows last fall when it announced a proposed demonstration to set an international reference price for Medicare Part B drugs. "I want to work with Democrats and the administration," said Rep. Gus Bilirakis (R-Fla.), who sits on the Energy and Commerce Committee. He said he is open to an arbitration policy and he hopes Congress can coalesce around a substantive idea because "of course my constituents want that more than anything."

The Hill: The measures likely could have passed the House anyway, given Democratic control of the chamber, but the support from Walden and other key Republicans makes it more likely there will be pressure on the Senate to act as well, especially given that Senate Finance Committee Chairman Chuck Grassley (R-Iowa) also supports the Creates Act and the “pay for delay” legislation. The changes to the Creates Act will help address the Republican concern that the bill would lead to “frivolous litigation” against drug companies, a GOP committee aide said.

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