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Pharma鈥檚 Take On The Pelosi Drug-Pricing Bill: Fair Warning Or Fearmongering?

"Speaker Pelosi's drug pricing plan would siphon $1 trillion or more from biopharmaceutical innovators over the next 10 years. CBO's preliminary estimate found this bill 鈥榳ould result in lower spending on research and development and thus reduce the introduction of new drugs.鈥"

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House Speaker Nancy Pelosi鈥檚 flagship proposal to curb prescription drug prices, the 鈥 H.R. 3 鈥 could come up for a vote in the chamber this month. The measure would allow Medicare to negotiate prices for a limited number of drugs, cap what seniors pay out-of-pocket at $2,000 and force companies that have raised prices beyond inflation since 2016 to either reverse the price or rebate the amount of the increase to the federal government.

And drug manufacturers are in full attack mode.

Take a recent Pharmaceutical Research and Manufacturers of America advertising message embedded in the popular, inside-the-Beltway 鈥淧olitico Playbook PM鈥 newsletter.

鈥淪peaker Pelosi's drug pricing plan would siphon $1 trillion or more from biopharmaceutical innovators over the next 10 years,鈥 read the ad. 鈥淐BO's preliminary estimate found this bill 鈥榳ould result in lower spending on research and development and thus reduce the introduction of new drugs.鈥欌

The trade group鈥檚 statement represents a core drug-industry argument, deployed whenever lawmakers propose reining in drug prices: Efforts to limit what drug companies can charge means they won鈥檛 have the means or incentive to develop lifesaving medications. The argument also appears in ads like this 鈥 from America鈥檚 Biopharmaceutical Companies 鈥 that highlight patients who say they depend on new medications to keep chronic conditions at bay.

But many the link between and pharmaceutical R&D. So PhRMA鈥檚 citation of the Congressional Budget Office 鈥 an influential nonpartisan government agency 鈥 caught our attention. We decided to look deeper.

What The CBO Says

A PhRMA spokeswoman pointed us to a of H.R. 3. Published Oct. 11, the letter doesn鈥檛 analyze the Pelosi bill but attempts to explain in broad strokes what kind of economic impact it might have.

The 鈥$1 trillion鈥 over 10 years statistic is the CBO鈥檚 upper estimate (the range begins at $500 billion) of what the industry might lose in revenue if this bill were enacted. But the agency leaves wiggle room, noting that this is a 鈥減reliminary鈥 figure and that the agency hasn鈥檛 finished analyzing the full bill yet. Once it does, the $1 trillion could change.

鈥淭hey鈥檙e trying to provide some sense of the relative impact on drug development, but I don鈥檛 think we have enough data to provide this,鈥 said Stacie Dusetzina, an associate professor of health policy at Vanderbilt University. 鈥淚t鈥檚 not a fact. It鈥檚 a preliminary estimate that is on very shaky ground.鈥

That leads to the next issue: If pharmaceutical revenues dip, would fewer innovative drugs become available?

Technically, kind of. But there鈥檚 a lot of important context that PhRMA鈥檚 assertion overlooks.

The CBO estimates that, over the next decade, between eight and 15 fewer drugs would come to market.

But the big picture matters: Every year, the Food and Drug Administration approves 30 new drugs, on average. That鈥檚 300 new drugs over 10 years. So if you assume 15 fewer drugs out of 300 projected approvals, that鈥檚 a loss of 5%.

Certainly that is, as PhRMA argued, a reduction. But none of the experts we spoke with saw it as a blow to innovation. 鈥淭he lower prices envisioned by [Pelosi鈥檚] bill would barely slow new drug discovery at all,鈥 argued Dr. Peter Bach, who directs the Drug Pricing Lab at Memorial Sloan Kettering Cancer Center, in an .

It鈥檚 not clear from the CBO analysis what kind of clinical value these forgone drugs would have 鈥 whether they would represent meaningful breakthroughs or marginal improvements to medications that already exist.

We asked PhRMA. The organization鈥檚 position is that the lost revenue could discourage drugmakers from researching new treatments for diseases such as , and .

But the group didn鈥檛 offer much evidence explaining how or why this would happen, or acknowledging that it would involve stepping away from potentially lucrative markets. And experts dispute the idea 鈥 Dusetzina called the industry line 鈥渁 scare tactic.鈥

In fact, she said, 鈥渢here is a good reason to believe that the drugs you would lose are those that have the smallest benefit and highest price tag.鈥

This gets at another point: A substantial portion of drug research and development isn鈥檛 actually done by drugmakers. The riskiest portions often are conducted in government-funded labs, noted Dr. Aaron Kesselheim, a professor at Harvard Medical School who studies pharmaceutical policy. Drug companies get involved much later, making it even less certain that a loss in pharmaceutical revenue would meaningfully discourage breakthrough drug innovation.

And any loss of new drugs would likely be at least somewhat offset by Americans鈥 increased ability to afford newly cheaper drugs. As the CBO report put it: 鈥淭he overall effect on the health of families in the United States that would stem from increased use of prescription drugs but decreased availability of new drugs is unclear.鈥

So, in short: Nonpartisan analysis suggests that H.R. 3 could result in fewer drugs coming to market. But it鈥檚 a very preliminary estimate, and even then, it suggests only a small dip. The value of the drugs that don鈥檛 emerge is unclear, too. All this context matters a lot.

鈥淗undreds of billions in savings to taxpayers, businesses and patients would mean a real but very small decline in the rate at which new treatments are discovered,鈥 Bach wrote.

Other Arguments

PhRMA also pointed us to a Dec. 3 report put out by the . It found a much higher impact 鈥 arguing that H.R.3 would result in 鈥渁s many as 100 fewer drugs鈥 entering the American market in the next 10 years.

This White House report comes after has repeatedly said he wants to work with Congress to lower drug prices.

The CEA number rests on a series of assumptions. First, it estimates that a new drug costs $2 billion to develop. It also assumes that drug companies typically spend at least a fifth of their revenue on research and development. Therefore, if companies鈥 revenue goes down by $1 trillion, then the math comes out to losing 100 drugs.

But experts called this analysis suspect at best.

For one thing, Bach told us, the $2 billion figure isn鈥檛 substantiated. For another, the CEA assumes that 鈥渆very penny of company R&D spending goes to inventing new drugs.鈥

That, he added, is 鈥渦tter nonsense.鈥

Multiple experts noted that the CEA assumes pharmaceutical companies would cut their R&D to perfectly match the proportion of revenue they currently spend.

There鈥檚 no reason to assume that鈥檚 true. Drug companies also spend a good deal on marketing, administration and dividends to shareholders.

Dusetzina also noted that the analysis doesn鈥檛 consider the increased revenue drug companies might experience from more people being able to afford drugs and therefore buy them. And it assumes the drugs that never make it to the marketplace would be of high value 鈥 without evidence to support that.

鈥淭his is not a serious analysis of the question of trade-offs of this policy and innovation. This is fearmongering,鈥 Dusetzina said.

Our Ruling

In its advertisement, PhRMA cites a CBO analysis of the Pelosi-backed drug-pricing bill, H.R. 3. The ad suggests that the bill would 鈥渟iphon $1 trillion or more from biopharmaceutical innovators over the next 10 years鈥 and 鈥渞educe the introduction of new drugs.鈥

This claim misses lots of important context. The CBO鈥檚 analysis is preliminary, and it could change. The $1 trillion in forgone revenue is the upper limit of what that preliminary analysis predicts.

And even if you assume drug companies would lose this much in revenue, the number of drugs that wouldn't make it to market would constitute a small fraction of what pharmaceutical companies typically produce, said experts. It鈥檚 further unclear that the forgone drugs would have major clinical value 鈥 little evidence suggests they necessarily would.

Other analyses PhRMA pointed us to 鈥 which might ostensibly support their claim 鈥 don鈥檛 stand up to scrutiny.

This statement has some truth to it but omits crucial context that would give a radically different impression. We rate it Mostly False.

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