June 20, 2023
Reporter, D.C. Diagnosis Writer
Good morning, and happy Tuesday, D.C. Diagnosis readers! Are petitions an effective way to sway members of Congress on drug pricing issues? Sen. Bernie Sanders is going to find out, and do some fundraising in the process! Send interesting fundraising appeals and news tips to rachel.cohrs@statnews.com.

drug pricing

How the IRA is actually affecting one company’s investments

Drug companies warned for years that substantive drug pricing reform would discourage companies from investing in developing new medicines. But Bayer, one of the country’s largest drug makers, is doubling down on the U.S. market instead

I interviewed one of the company’s top executives to chat about how drug pricing reform is actually affecting his decisions about how to invest $1 billion in research and development funding. 

“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,” said Sebastian Guth, who is in charge of Bayer’s pharmaceutical division in the United States, Canada, and Latin America. 

My full interview is here.


investigation

Consultants’ conflict of interest

PBM-Final_Eros_Dervishi

EROS DERVISHI FOR STAT

Big companies hire consultants to negotiate good deals on their health benefits. But some of these firms are actually getting paid more by PBMs, through a flow of largely hidden fees, than they are for scrutinizing contracts on behalf of employers, my colleague Bob Herman uncovered. The payments have the effect of encouraging consultants to recommend certain drug benefits vendors over others, with little regard for whether the options are cost-effective for employers and workers.

Bob pulls back the curtain on a secretive industry to unveil these little-known payment arrangements and the conflict-of-interest concerns they raise.

“There’s so much money under the table,” said Frank Stichter, an independent consultant who specializes in drug benefits. Bob’s full investigation is worth your time, especially as Congress and federal regulators are examining the PBM industry.


executive branch

Food reforms could grow stale without funding

One key part of the FDA’s push to revamp the “food” part of its jurisdiction may run into practical constraints as Congress slogs through its government funding process, my colleague Nicholas Florko writes in a new story this morning

FDA Commissioner Robert Califf told Nick that funding restrictions set in Congress’ debt ceiling deal may make it harder for the agency to actually stand up a new office squarely focused on nutrition. The agency is also piloting new approaches to food labeling and selecting a new deputy commissioner position for human foods. 

“Given what’s happening with the flattening of the budget, it’s going to be a challenge for the first couple of years to get this up and running,” Califf said in an interview. He added, however, that the office will still be created, notwithstanding the budget challenges. Read Nick’s full story here.



the courts

Copy and paste, lawsuit edition

Bristol Myers Squibb filed another lawsuit challenging the Inflation Reduction Act on Friday, and the arguments in the case sounded familiar — because they were pretty much the same as the ones Merck used in its lawsuit a few weeks back. 

That might be because the suits were filed by the same firm, and by several of the same attorneys. Jones Day partner Yaakov M. Roth is listed on both suits. Recently, according to the firm’s website, he argued the winning side in West Virginia v. EPA, a Supreme Court decision restricting the power of federal agencies (which Justice Neil Gorsuch filed a concurring opinion supporting). 

Jones Day also put two other young attorneys on the cases, both of whom clerked for Supreme Court Justice Neil Gorsuch over the same timeframe from 2021-2022. One of them also clerked for a judge who is on the U.S. Court of Appeals for the D.C. Circuit, which would hear the Merck case if it’s appealed.


340B watch

A new Senate coalition taking on 340B challenges

After years of lawsuits, wrist slapping from government agencies, and mudslinging from all the stakeholders involved, a bipartisan group of senators is taking a look at the hard issues in the 340B program, they announced on Friday. 

Sens. John Thune (R-S.D.), Debbie Stabenow (D-Mich.), Shelley Moore Capito (R-W.V.), Tammy Baldwin (D-Wis.), Jerry Moran (R-Kansas), and Ben Cardin (D-Md.), called for stakeholders to weigh in on thorny issues including how contract pharmacies should be used and increasing transparency by the end of July.

Congress has been wary of wading too far into the policy debate over the 340B program, so watch this space for any chance at meaningful changes. There could be momentum to move this Congress as well, as both Stabenow and Cardin are retiring.


More around STAT
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Read premium in-depth biotech, pharma, policy, and life science coverage and analysis with all of our STAT+ articles.

What we’re reading

  • White House ‘naloxone summit’ omits prominent advocates for lower costs, STAT
  • Texas health insurance set for massive steering and tiering shakeup, D Magazine
  • First Opinion: How I’m helping companies think through whether they should cover GLP-1s like Ozempic for employees, STAT
  • AstraZeneca drafts plan to spin off China business amid tensions, Financial Times

Thanks for reading! More next week,


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