Trump Wants to Repeal and Replace Hatch-Waxman?
In response to criticism of a Republican bill to replace ObamaCare, president Trump tweeted early 3/7 that he is formulating a plan to lower drug prices through increased competition. “I am working on a new system where there will be competition in the Drug Industry. Pricing for the American people will come way down!” he tweeted.
No further details about Trump’s drug competition plan were released by the White House, and it is unclear how such a plan would affect the highly successful Hatch-Waxman Act. Hatch-Waxman was signed into law in 1984 to stimulate drug competition and to outline the process for pharmaceutical manufacturers to seek approval for generic drugs. It provided patent and exclusivity protections to innovator companies, while providing incentives for companies to file ANDAs.
Currently, generics represent almost 90% of all prescriptions dispensed in the U.S., but only 27% of expenditures on prescription drugs, according to the Association For Accessible Medicines (formerly Generic Pharmaceutical Association). The Pew Charitable Trusts says drug spending in the U.S. rose nearly 9% in 2015, to more than $300 billion per year, adding that drug spending is rising faster than the rest of healthcare spending.
The 3/6-released Republican bill, American Health Care Act, promises to lower costs for patients. “The bill will improve access to care and restore the free market, increasing innovation, competition and choice,” House Energy and Commerce Committee leaders say. “The legislation provides immediate relief from ObamaCare by eliminating the penalties attached to the individual and employer mandates. Washington will no longer force Americans to purchase expensive, inadequate plans they don’t need and cannot afford. Our bill also dismantles the ObamaCare taxes that have hurt patients, job creators and health-care providers. It repeals taxes on prescription drugs, over-the-counter medications, health-insurance premiums and medical devices.”