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Louis Jacobson
By Louis Jacobson April 9, 2010
← Back to Allow Medicare to negotiate for cheaper drug prices

Health care law takes different tack on Medicare drug negotiating

During the presidential campaign, Barack Obama promised to "allow Medicare to negotiate for cheaper drug prices." Such a provision was not included in the final health care law that passed both chambers of Congress and was signed by the president, but other provisions went in the same direction.

The initial House-passed health care bill would have required the secretary of Health and Human Services to negotiate drug prices directly with pharmaceutical manufacturers for Medicare Part D plans starting in 2011.

That language did not make it into the final bill. Instead, the drug industry agreed to other provisions in negotiations with the White House. These include paying billions of dollars annually in new fees beginning in 2012, and providing a 50 percent discount on prescriptions filled through the Medicare Part D coverage gap beginning in 2011.

In a sense, the final bill didn't require ongoing negotiations with the drug industry over drug prices, but instead essentially negotiated some of the key terms in advance. It's unclear whether consumers will end up getting a better deal with the final bill's provision or one that allowed HHS to conduct ongoing negotiations. Because of this uncertainty, we'll hold off on making a final determination on this promise, and instead call it In the Works.

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