Archive for the ‘Health’ Category

Each day this week we’ll be highlighting some of the anti-regulatory bills that Public Citizen and our allies have been pushing back against this fall.

Image courtesy of Eric Lynch/Flickr under CC BY-NC-ND 2.0 license.

Image courtesy of Eric Lynch/Flickr under CC BY-NC-ND 2.0 license.

When Congress returned from its longest summer recess in 60 years, and before they ran back to districts to campaign, conservatives in the U.S. House of Representatives were determined to assail our system of public protections. Remember that arcade game staple, whack-a-mole, where players try to hammer down the target as others pop up, more and more quickly?  Essentially playing whack-a-mole in the four weeks of September, Public Citizen and our partners in the Coalition for Sensible Safeguards defended against multiple pieces of legislation aimed at limiting the power of the government to protect the public.

Conservatives attempted to pass four misleading and damaging anti-regulatory bills and were successful in pushing through three of them – the fourth was shelved until Congress’ post-election return.

  • Stop Settlement Slush Funds Act (H.R. 5063) – passed on Sept. 7, 2016
  • Regulatory Integrity Act (H.R. 5226) – passed on Sept. 14, 2016
  • REVIEW Act (H.R. 3438) – passed on Sept. 21, 2016
  • Midnight Rules Relief Act (H.R. 5982) – shelved for the lame duck on Sept. 26, 2016

Regulations protect and safeguard our lives in everything from the food we eat to the water we drink and from the air we breathe to the products we use. These government standards ensure that we can go about our daily lives without much fear of dying at work, eating poisonous food or having our cars go up in flames. The process for producing these vital standards is already glacially slow and exceedingly cumbersome, and if signed into law, these damaging bills would exacerbate the problems in the rulemaking system.

The slow process of our current rulemaking system already has a negative impact on communities of color and low income communities, who it has been shown face the biggest health, safety and economic threats and inequities in public protections.  Further delays to public safeguards would do nothing but increase this disproportionate impact, heightening the injustices and inequities in our society.

These bills that conservatives rushed through would prolong and further delay lifesaving rules from reaching full enforcement and having maximum impact. They aren’t about protecting the public good; they’re about helping industry line their own pockets at the expense of the American people. The bills were cleverly designed to use back door approaches to gut key safeguards. And, since the bill titles were designed to be bland and meaningless, here they are re-named to call them out for what they really are.

Just some of the over 700,000 signature delivered to Mylan

Just some of the over 700,000 signature delivered to Mylan, Photo Credit: Ed Grystar W. PA. Coalition for Single Payer Healthcare

By Sean Grant

Protesters on Tuesday delivered petitions to Mylan’s corporate headquarters just outside of Pittsburgh demanding that the company end price gouging EpiPen users, they did not expect a warm welcome. They knew beforehand that they would not be allowed to approach the building. In front of TV cameras, Mylan accepted the petitions on a wheeled cart.

But Mylan representatives who collected the petition signatures – gathered by Public Citizen, Civic Action and others – offered no comment to the media, raising the question of whether the company will heed the call of the nearly 700,000 Americans who signed the petitions. The public clearly is outraged at Mylan’s raising the price of EpiPens by more than 500 percent since 2007 for no apparent reason other than greed.

Protesters were not allowed to enter Mylan's visitor entrance at their building

Protesters were not allowed to enter Mylan’s visitor entrance, Photo Credit: Ed Grystar W. PA. Coalition for Single Payer Healthcare

Before the petition delivery, Mylan twice announced new measures to appease the public, but these weak attempts at appearing contrite only further enraged people. As Public Citizen President Robert Weissman stated, “It’s not enough to offer coupons and it’s not enough to offer an overpriced generic version of its own branded product. The company must roll back its unjustified and outrageous price increases.” Read those press releases here and here.

As the petitions were rolled away on dollies to chants of “people over profit,” attention shifted to Mike Laffin, a member of Mylan’s communications team, who was sent out to deal with the reporters clamoring to ask questions. Laffin, however, could provide nothing more substantive than “Any other questions need to be directed to our communications team or customer service.” He repeated the phrase several times, perhaps most forcefully when one reporter asked if Mylan had any plans to lower the price of the EpiPen further.

Considering how ineffective the customer service department has been so far, referring reporters to it – by a live person from the communications department – doesn’t seem like the brightest PR move. But the company keeps making missteps, it seems. It is imperative Mylan finally listen and take substantive action.

View a video of the petition delivery 


By Anisha Sehgal

Both consumers and healthcare payers are struggling with the rising price of drugs. Unless meaningful reforms are enacted, this problem will only get larger and patients will continue to face crippling out-of-pocket costs in order to care for themselves and their loved ones. The Medicare Part B demonstration is an example of such a reform and would begin to repair the dysfunctional way that we pay for prescription drugs. Unfortunately for patients, the pharmaceutical industry has mounted considerable opposition to this reform and it is not alone. Politicians and organizations such as patients’ groups have also voiced their objection. However, the majority of these individuals and groups have received industry funding.

A recent Public Citizen report revealed that of the 147 patients’ groups who have signed letters objecting to the Medicare Part B demonstration at least 110 (75%) received funding from pharmaceutical or medical device corporations. Since patients’ groups are not required to disclose their funding sources there may be even more than the 110 groups identified by the report that received money from pharma.

The letter organized by the Community Oncology Alliance was sent to congressional leadership while the letter organized by the Partnership to Improve Patient Care was sent to the Center for Medicare and Medicaid Services (CMS). Along with the 147 patients’ groups, 241 doctors’ groups and pharmaceutical industry groups — both of which benefit from the maintaining the status quo of the current reimbursement method — signed either of the two letters opposing the reform. The letters’ combination of patients’ groups as well as industry groups, such as local Biotechnology Innovation Organization (BIO) affiliates, demonstrates the close ties patients’ groups have with the pharmaceutical industry.

In 2015, Part B spending reached $22 billion, double the amount it was in 2007. A reform such as this is necessary in order to remedy Medicare Part B’s unsustainable spending trend. The Medicare Part B demonstration, which is supported by numerous consumer interest groups including Public Citizen, aims to remove incentives for doctors to unnecessarily prescribe higher priced medicines when effective and affordable alternatives are available. Currently a physician who administers a drug under Medicare Part B will be reimbursed for the average sales price plus six percent. The demonstration proposes changing the reimbursement to the average sales price plus 2.5 percent and a flat dollar amount.

The pharmaceutical industry is strongly opposed to this reform because a decrease in the prescription of higher-priced drugs means a decrease in the industry’s profits. In fact, the industry has already spent more than $9 million in campaign funding for members of Congress, which is strongly correlated with lawmakers’ stances on the issue, as revealed by another recent Public Citizen report.

The pharmaceutical industry’s troubling pattern of influence raises questions about the independence of this reform’s opponents. Patients’ groups should reconsider their stance on this issue and realize that in this debate pharma is only looking out for itself, not for the deserving patients of this country.

Besides using their normal tools to attack life-saving public protections, Republicans have once again chosen to exploit the budget process. Instead of relying on anti-regulatory bills and (at times theatrical) Congressional hearings, the majority party in the House has decided to go down the path of inserting poison pill riders into the budget appropriations process.

Poison pill riders are preventing the U.S. Fish and Wildlife Service from fulfilling its obligations under the Endangered Species Act.

From attacking science-based safeguards in a full frontal manner to using attempted stealth maneuvers to further delay an already bogged down rulemaking system, Republicans have not let up. Nearly all of the House appropriation bills currently up for debate or voted on contain regulatory assaults:

  • Killing specific final safeguards by blocking funding for the implementation, administration or enforcement – ex. Department of Labor’s fiduciary and overtime rules, preventing the enforcement of the Environmental Protection Agency’s (EPA) rules to limit exposure to lead paint and the Bureau of Safety & Environmental Enforcement Well Control rule which provide commonsense protection against devastating offshore blowouts like Deepwater Horizon.

By also using stealthier methods and not just attacking specific protections, proposed standards or specific agencies, Republicans are further exploiting appropriation funding bills by adding poison pill riders to shut down the rulemaking system entirely. Since each funding bill covers multiple agencies and different areas, all-encompassing riders have the most devastating impact.

  • Repeat riders have emerged in various bills to shut down any rulemakings the bill would have funded – ex. the House Financial Services & General Government (FSGG) bill included a rider to prohibit the funding of all regulatory actions until January 21, 2017, and the same rider materialized in the House Interior bill.
  • In some cases, Republicans repeated the above riders but with a timeline attached – ex. a so-called midnight rules prevention rider surfaced in the House Energy & Water bill would eliminate funding for all rules with an economic impact of $100 million or more if finalized between November 8, 2016 and January 20, 2017.
  • As another stealth maneuver, Republicans in the House FSGG bill voted to add a piece of legislation to the mix, H.R. 427, the Regulations From the Executive in Need of Scrutiny Act (REINS). Putting the ill-advised REINS Act into law would require Congressional approval before enacting major regulations – allowing the majority party a golden opportunity to kill the most life-saving public protections.

There’s a reason lawmakers sneak poison pill policy riders into must-pass spending bills to avoid a real debate: these provisions could not become law on their own merits. Many of them are wildly unpopular, damaging to the public and deeply controversial with voters in both parties — and they have nothing to do with funding our government.

That’s why Congress needs to pass clean spending bills with no poison pill riders and Republicans need to stop their assault on life-saving public protections.

Michell K. McIntyre is Coalition Manager at the Coalition for Sensible Safeguards.

By Will Neer and Anisha Sehgal

Imagine being diagnosed with a life threatening illness. The immediate reactions of shock and panic may also be mixed with relief once your doctor informs you that there is an effective treatment available. However, that relief can quickly disappear and instead be replaced with hesitation and fear once the hefty price tag associated with the treatment is revealed.  This unfair cycle of emotions is a process too many Americans and their families are forced to experience due to astronomical drug prices.

A type of drug commonly used to treat serious illnesses is a biologic. However, as prescription drug corporations often charge more than $100,000 annually for biologic treatments, many Americans are fighting insurer rationing or even turning to pill splitting.  A piece of bipartisan legislation, S. 0394 / H.R. 5573, titled the Price, Relief, Innovation and Competition for Essential Drugs (PRICED) Act aims to remedy this problem. The PRICED Act would amend U.S. law and shorten the time that prescription drug corporations have monopolies on biologic medicines – and how long they can charge monopoly prices, thereby making these treatments more readily accessible.

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