R&D
Bayer is buying into the U.S. — despite the IRA
Amid stern warnings that drug pricing legislation will stifle investment in the U.S., German pharma giant Bayer is planning to spend $1 billion on research in the country in hopes of doubling its stateside revenue.
Speaking to STAT’s Rachel Cohrs, Bayer executive Sebastian Guth said the company has some issues with the Inflation Reduction Act — specifically how it prizes biologic treatments over small-molecule drugs — but it’s not a deterrent from investing in American R&D.
“Questions of pricing and the policy environment and so on and so forth come to the table, but in my mind, that’s not the first question,” Guth said. “And hopefully it won’t become the first question, because that would be detrimental to ultimately the progress of science. And at its core, this is just a very exciting time for science.”
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PBMs
The secret middleman pocketing drug payments
Employers big and small pay consulting firms to deal with pharmacy benefits managers, tasking them with getting the best deal possible on prescription drugs. What they might not realize is that some of those same consulting firms are getting paid more by the PBMs and health insurance carriers they are supposed to scrutinize than by companies they contracted to look out for.
In a year-long investigation, STAT’s Bob Herman uncovered a largely hidden flow of money in which PBMs are paying consulting firms by the prescription, by the patient, or by getting cut in on the rebates that are supposed to go back to clients — all while those firms are collecting fees from employers.
“It’s unethical,’’ said Jon Levitt, an attorney at Frier Levitt who represents employers and analyzes PBM contracts. “It’s beyond unethical.”
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Washington
We probably haven’t seen the end of drug pricing lawsuits
Bristol Myers Squibb’s move to sue the federal government over a law that would allow Medicare to negotiate certain drug prices is likely a sign of more to come, according to Evercore ISI analyst Umer Raffat.
In a note to clients, Raffat said he expects more drugmakers to follow the lead of Bristol Myers and Merck, suing to block negotiation by citing the First and Fifth Amendments. Each claims the government is violating its Fifth Amendment right by forcing companies to sell products without “just compensation” and then violating their freedom of speech by compelling them to call that deal a fair one.
Whether those arguments end up holding water is another matter. The consensus among outside attorneys, Raffat said, is that the Fifth Amendment claim won’t hold up to scrutiny because companies have the choice of whether to participate in Medicare, making it difficult to argue they’re being forced into an unfair process.