The U.S. Should Put Price Controls on All Drugs

It’s not enough for Medicare to be able to cut drug prices. There needs to be nationwide regulation on all drug prices for all Americans. After all, American taxpayers generously subsidize the research and development of most drugs. A report by Sanders’ staff explained that “[w]ith few exceptions, private corporations have the unilateral power to set the price of publicly funded medicines.” The report’s authors chided that “[t]he government asks for nothing in return for its investment.”

What’s more, the report rightly points out that people in other nations benefit from having access to lower-cost drugs that Americans have paid global pharmaceutical companies to develop. For example, SYMTUZA, an HIV medication that scientists at the U.S. National Institutes of Health helped to develop, is available to U.S. patients for a whopping $56,000 a year, while patients in the UK pay only $10,000 a year for the same drug purchased from the same company.

It’s not as if companies like Johnson & Johnson have some perverse preference for European patients over American ones. It’s merely that their prices are regulated by most other industrial nations. The United States ​“happens to be the only industrialized nation that doesn’t negotiate” drug prices, explained Merith Basey, Executive Director of Patients For Affordable Drugs NOW, in an interview on Rising Up With Sonali last fall.

Indeed, countries like the UK, France, and Germany, offer models for the U.S. in drug price controls and much has been written about what works best. Further, there is — unsurprisingly — a strong public desire for price controls. According to a Kaiser Family Foundation poll in August 2023, “[m]ajorities across partisans say there is not enough regulation over drug pricing.” Moreover, a whopping 83% of those polled ​“see pharmaceutical profits as a major factor contributing to the cost of prescription drugs.”

There is no shortage of ideas for specific price control regulations that could work in the United States. For example, the Center for American Progress’s October 2023 report, ​“Following the Money: Untangling U.S. Prescription Drug Financing,” delves deep into how market prices are determined for medications and suggests interventions at every stage of drug price setting.

Frankly, such complex solutions would not really be necessary if all Americans could simply join Medicare health coverage and if Medicare’s bargaining power to negotiate drug prices could be applied to all drugs. But, in the absence of this commonsense holistic approach to healthcare, even complex price controls would be better than no price controls.

Predictably, conservative capitalist critics have trotted out the same, tired arguments against government price regulations of pharmaceuticals. ​“Drug Price Controls Mean Slower Cures,” declared a Wall Street Journal editorial headline. The paper’s editorial board called the IRA, ​“the worst legislation to pass Congress in many years,” and went as far as accusing the Biden administration of ​“extortion.”

But who is engaging in extortion? Economists studying the pharmaceutical industry have found that for years companies have been so flush with cash that they have spent hundreds of billions of dollars in stock buybacks and exorbitant executive bonuses and pay packages. ​“The $747 billion that the pharmaceutical companies distributed to shareholders was 13% greater than the $660 billion that these corporations expended on research & development over the decade,” wrote William Lazonick and Öner Tulum in a report for the Institute for New Economic Thinking.

The Wall Street Journal​’s screed ignores price controls in the UK, France, Germany, and other nations. If those have no bearing on the speed and quality of drug development, why should U.S. price controls have an impact? And if they do have an impact, then Americans are being unfairly required to bear the burden that people all over the world benefit from.

The Journal​’s editorial board made one accurate claim, saying that the IRA ​“will also give companies the incentives to launch drugs at higher prices and raise prices for privately insured patients to compensate for the Medicare cuts.” The paper made this prediction without any comment on unfettered corporate greed. Indeed, if anyone is engaging in de facto extortion, it appears as though pharmaceutical companies may be the guilty parties in punishing Americans for price controls.

Pharmaceutical companies launched the new year with announced price hikes on at least 500 medications—a massive effort at gouging the public. In contrast, the IRA’s drug price controls apply to only 10 medications so far, and will be expanded to 15 drugs per year for the next four years, and 20 drugs per year thereafter.

Rather than removing price controls on the paltry numbers of medications the IRA can regulate, an easy fix is to apply those same regulations to most or all drugs. Best of all, in order for such a solution to be implemented, pharmaceutical company CEOs wouldn’t even have to drag themselves into committee hearings to explain away their corporate greed.

This article was produced via Economy for All, a project of the Independent Media Institute.