Prescription Drug Pricing Bill Will Protect Millions of New Yorkers

June 8, 2010

As the cost of prescription drugs continues to rise, health insurance plans have responded by creating new cost-sharing “specialty tiers” within their prescription drug formularies. In states such as California, Maryland, Minnesota, Nebraska, and Wisconsin, insured consumers with chronic diseases and life-threatening illnesses are charged “coinsurance” (typically 25%-33% of the cost of the drug per month) instead of a flat co-payment for drugs they need to save their life or to prevent disease progression—many of which cost of hundreds or thousands of dollars each month.

Today, I released a report (“Prohibiting Specialty Tiers in Prescription Drug Formularies”), which you can download as a PDF or read below.
Prohibiting Specialty Tiers in Prescription Drug Formularies

Specialty tiering is a rapidly growing practice, and we need to stop it in New York while we still can. In 2004, only 3% of health insurance plans nationwide included a specialty tier, but that number jumped to 17.5% in 2009—and there is reason to believe that insurers in New York are contemplating incorporating specialty tiers into their plans. This is antithetical to the purpose of insurance, which is the spreading of costs. Charging New Yorkers who are the most ill for the bulk of the cost of insurance is morally reprehensible—and terrible public health policy.

The drugs that insurance plans commonly categorize as “specialty” drugs under specialty tier schemes are used to treat conditions that impact almost four million New Yorkers. These diseases and conditions include: breast cancer, colorectal cancer, leukemia, non-Hodgkins lymphoma, multiple sclerosis, rheumatoid arthritis, hemophilia, HIV and AIDS, cystic fibrosis, Chron’s disease, ulcerative colitis, hepatitis B and C, diabetes, psoriasis, kidney disease, anemia, and neutropenia, among other serious medical conditions.

When severely ill people face financial problems because of medical bills they are four to five times more likely to stop treatment. Banning specialty tiers in New York will ensure that people with life threatening illnesses and chronic diseases never have to choose between spending hundreds—or even thousands—of dollars on the drugs they need to stay alive or to pay the rent or buy groceries for their family.

The bill (A.8278-b/S.5000-b) has passed the State Senate and is scheduled for a vote in the Assembly’s Insurance Committee on Wednesday.

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Comments

7 Responses to “Prescription Drug Pricing Bill Will Protect Millions of New Yorkers”

  1. Randall Berliner, MD on June 16th, 2010 12:53 pm

    While I certainly applaud your efforts to make prescription drugs more affordable, and agree that in many instances the newer, more expensive drugs are more appropriate in many situations, I am concerned that your attempt to get rid of a tiered system is only a partial solution that may backfire. Newer medication is patented and therefor not subject to a competitive marketplace and can be more expensive. Furthermore, even branded older drugs are more expensive but necessary in certain conditions (notably epilepsy) where even mild fluctuations in drug blood level that can occur when patients switch between branded and various generic products can precipitate seizures.
    What I have seen in some cases is that some drugs are dropped or not included in a payers formulary, so that unless the patient bears the full cost of the drug (which in many cases is impossible), that patient has no access to the drug. So while it may seem terrific to eliminate a tiered system, that alone does not eliminate the problem of affordability of the newer drugs.

    Its also easy to blame the pharmaceutical companies and say that they charge too much, and perhaps they do in many instances, but they are also businesses that must invest billions of dollars into research, development and marketing of compounds, many of which never reach it to market. If the companies are not incentivized to make a profit, research and development will dry up.

    Finally, medicare part D plans, which utilize government payers are the worst offenders in terms of availability of drugs. I have had many patients who could no longer afford their medically necessary tranquilizers because their payers deemed them “not covered”. This is the true outrage, and the fact that these are government sponsored plans is even worse. Please, clean up your own house first!

    Please, go ahead and try to make all prescription drugs more affordable so that my patients (and family members) don’t have to chose between medical care and food and utilities, but please don’t try to pull the wool over your constituents eyes and tout the removal of a tiered pharmaceutical benefit system as a victory. It is not if the drugs are simply removed from the formulary and patients are forced to use other, perhaps less efficacious drugs.

  2. Kellner Bill to Protect Millions of New Yorkers from Prescription Drug Price Gouging Passes Legislature : NYS Assembly Member Micah Kellner on June 24th, 2010 11:48 am

    [...] weeks ago, I posted about how my legislation to prohibit so-called “specialty tiers” in prescription drug [...]

  3. Dianne Burger on September 8th, 2010 12:25 pm

    For a long time now, I have wondered why medications are so unaffordable to the average consumer, even with health insurance. I have very good insurance, but between maximum payouts, the teir system, and other roadblocks to getting the meds I need to continue to be a productive member of society, I am finding that that I’m paying out of pocket for the meds I can afford to pay for, and some of my medications which are generic I might add cost over $1000 per month.
    I am also concerned about my daughter who takes copaxone injections every day to try to slow down the progression of Multiple Sclerosis. My daughter is only 26 and has had this disease since her early 20′s. She does have employer based health insurance, but last January, we were stunned at the deductable of almost $2000, which was a great hardship on her and her husband.
    I applaud your legislation attempting to reign in the drug companies plans to charge a percentage of the actual cost of the medication. I also think that all the advirtising that the drug companies are doing is getting to be overkill. The cost of this is directly related to their prices for their medications.
    Please keep fighting for the average consumer, as it is now, the poor who are on Medicaid have no worries about drug costs, It’s mainly the folks who are working pay check to paycheck that are suffering. Thank you for helping us out and please continue to do so. Thanks, Dianne Burger RN

  4. Diane Apgar on September 12th, 2010 4:12 pm

    I am urging Gov. Patterson to sign legislation into law that will make it illegal for private health plans to create specialty tiers for those with existing chronic disease and life threatening conditions (A82783/8.500B). Please don’t make my daughter have to choose between her medicine and groceries.

  5. Kelly Reedy on September 13th, 2010 9:48 pm

    Please have the governor sign the newest legislationon to make it illegeal for private insurers to add more tiers to their plans, and make it more costly for us MSers.

  6. Janette Simonson on September 22nd, 2010 4:50 pm

    I WANT GOUVENOR PATTERSON TO STAND UP FOR AND BESIDE THE “PEOPLE”. AS SOMEONE WITH A DISABILITY, I HOPE HE UNDERSTANDS OUR NEEDS.

    I HAVE M.S. OUR SON IS AUTISTIC, AND MY HUSBAND RECIENTLY HAD HEART SURGERY AND IS ON DISABILITY. WHO WILL STAND UP FOR US?

    PLEASE SIGN THE A82783/8 500B BILL.

  7. mary browne on October 25th, 2010 8:23 pm

    Please sign the A827838/500B Bill. This truly important legislation for so many people.

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