President Biden said in his State of the Union address that he supported Medicare drug price negotiation. Since the Democrats in Congress appear unable to pass legislation that would allow Medicare to negotiate drug prices, would he support a different fix? Some experts believe that “value-based” pricing of drugs is the way to go.

Before we get to value-based pricing as a way to lower  drug prices, let’s not forget far simpler solutions. For example, there’s exercising the “march-in rights” authority that the administration has under the Bayh-Dole Act. The administration could use march-in rights to buy the patent of any critical drug that is unreasonably priced and allow other drugmakers to manufacture generic substitutes at lower cost. The administration could also make it legal for people to import drugs for personal use. President Biden does not appear interested in either of these fixes though.

In a blog post for the Commonwealth Fund, Patricia G. Synnott, Daniel A. Ollendorf, and Peter J. Neumann suggest that if Biden wants to lower drug prices, perhaps “value-based pricing is a solution. It would reward drug manufacturers for innovations that delivered valuable drugs and therefore could not be said to stifle innovation. And, it could keep the price of drugs that offered little or no value way down.

Of course, Medicare drug price negotiation could easily promote innovation of high-value drugs. The government could deploy the savings from lower drug prices towards innovations that are of most benefit to the public. This policy was embedded in HR3, Speaker Pelosi’s drug price negotiation bill that passed the House a few years ago.

Value-based pricing works to ensure that costly drugs for which there are no alternatives are evaluated. Is their cost appropriate relative to the health they promote? So, instead of Medicare drug-price negotiation focusing on the prices other countries pay for the same drug, value-based pricing would focus on a drug’s value.

The blog post authors appear to think it would make sense for Americans and Medicare to pay a lot more than people in other countries for highly effective drugs developed in the US and/or with US taxpayer money. Really? It’s not clear if they are offering up this proposal because they think it is more likely to be enacted into law than international reference pricing–setting prices in this country at the same average level as other wealthy nations–or because they think it is preferable.

The authors say that international reference pricing is imperfect because it could lead drug manufacturers to delay release of drugs in countries where prices would be lower. And, it could also increase prices in other wealthy countries. While true, these points are trivial relative to the huge price reductions people would see for drugs with a high value—and that’s what’s needed.

Moreover, value-based pricing is beyond imperfect. Just imagine the money and lobbying that drug manufacturers would put into ensuring that a mediocre drug was credited with being highly effective. How do you define a drug’s value anyway? Remember, it didn’t seem to take that much effort for the Sacklers, aka Purdue Pharma, to get the FDA to allow broad use of OxyContin. And, it seems to take virtually no effort for Medicare Advantage plans to get CMS to give them four and five-star ratings, even when the government has sanctioned them for endangering the health of their enrollees.

It’s similarly difficult to believe that a value-based approach undertaken by the federal government or a non-profit working for the government would lead to lower drug prices for drugs that did little if anything to improve health.

The authors acknowledge this issue, explaining that you would need an independent agency–be it a non-profit or an independent government agency–to set prices. Again, does anyone think that is possible in today’s world, with so much money on the line for the pharmaceutical industry?

It goes without saying that we should not be paying high prices for drugs with low value. It also is the case that other countries, including the United Kingdom and Italy, base their drug prices on the drugs’ value. And, at some point down the road, it would be wise to adjust drug prices in the US so that those that deliver value are appropriately priced and that pharmaceutical companies cannot profit wildly off of drugs with little or no value.

But, the US needs to act quickly to address a drug price crisis that is keeping tens of thousands of people, if not more, from being able to take the drugs they need. The world is flat. And, setting prices quickly at a level commensurate with the prices in other wealthy countries seems the smartest way to launch drug price reform. Opening up our borders to drug imports from verified pharmacies around the world would be a great first step.

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