The tactics may ultimately threaten the law’s ability to lower drug costs for many in the U.S.
Experts worry about loopholes in the Inflation Reduction Act that would allow drugmakers to bypass some of the health provisions.Berkeley Lovelace Jr.
beginning with insulin price caps and rebates in 2023, out-of-pocket caps in 2025, and finally drug negotiations in 2026. Companies may make the generic drugs themselves or permit another manufacturer to do it, said Mark Lemley, a law professor at the Stanford Law School in California.Generally, generics help bring down the costs of drugs; when they are offered at a lower price, it’s more difficult to maintain a high price on the brand name version. By making their own generic, companies will be able to keep all the profits from the generic, while also retaining the high list price for the brand name drug.
Other companies may allow generics from other manufacturers to come to the market — eventually — but only after filingA citizen petition can be filed if an individual or an entity has concerns about the safety of a certain drug. A drug company could also refuse to negotiate, but it would be forced to pay a tax on all sales of the drug.
paid to Medicare, equals the difference between a drug’s initial price and the current price, multiplied by the volume of sales to Medicare,But a potential risk of the rebate is that it may encourage drug companies to be more “aggressive” with their starting price for new medications, said Stacie Dusetzina, a health policy professor at Vanderbilt University Medical Center.
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