PIRG says march-in rights should be used to drive down Rx drug prices

PIRG supports a new proposed framework for agencies to march-in on companies selling prescription medications where there is clear failure to make those medicines developed through taxpayer funding available “on reasonable terms.” The march-in right allows the government to license a patent-protected product to a competitor who could compete on price.

We also call for a strengthening of the framework to allow more voices to be heard when agencies decide whether to use their march-in rights. We think the government should allow patients, health plans and government programs like Medicare to weigh in on important factors, such as: 

• what other countries pay for the medication, 
• the impact on pricing with the introduction of a competitor/licensee (will it be more reasonably priced?),
• the overall impact of the current price, including the trend of its recent price increases, on the question of access as it relates to the public health of the patient population relying on that particular medication.
• The overall impact of the price on, not just the patients needing the medications, but also payers like Medicare, Medicaid and private insurance too, where those high drug prices are paid through our premiums and tax dollars.

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