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Medicine Advertising Government Television The Almighty Buck United States

New HHS Rule To Force Drug Companies To List Prices In TV Ads (cnbc.com) 76

schwit1 writes: The new rule from the Centers for Medicare and Medicaid Services will force companies to disclose the prices of prescription drugs covered by Medicare and Medicaid that cost $35 or more for a month's supply. Addressing high prescription drug prices has been one issue that the Trump administration and Democrats have agreed on over the past two years, with Congress calling big pharma executives and pharmacy heads to testify. "Requiring the inclusion of drugs' list prices in TV ads is the single most significant step any administration has taken toward a simple commitment: American patients deserve to know the prices of the healthcare they receive," Health and Human Services Secretary Alex Azar said in a statement.
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New HHS Rule To Force Drug Companies To List Prices In TV Ads

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  • You can get "free speech" (compelled to state information) like this without legislation? I'm surprised.
    • It is not a secret that the Constitution is generally ignored by all branches of government. I am talking about the "law creation part".

      I don't think this is a free speech issue, these businesses are just being "prevented" from price rigging by being forced to announce the price and being held to truth in advertising laws, they still get to set whatever price they like. This is much like people being required to provide their names to get a drivers license.

    • You can get "free speech" (compelled to state information) like this without legislation? I'm surprised.

      A regulatory agency can make rules, that they were already empowered to do so, by legislation.

      Or in this case, my guess would be it's more like "if you want Medicare or Medicaid to ever pay for these drugs, you have to do this."

      (Nobody has any problem with this type of thing when it's used to tell Republicans to shut up or whatever. Now all of sudden we need specific legislation?)

    • "Free speech" has nothing to do with labeling laws and rules. The nutrition information box on your food packages is mandated by FDA rules. This is not a violation of free speech.

      Free speech is about being free to express opinions. It does not give people license to lie, nor does it prevent the government from compelling people to reveal facts, particularly when it comes to advertising.

  • by AarghVark ( 772183 ) on Thursday May 09, 2019 @08:40PM (#58566828)
    Side effects may include:

    Bankruptcy

  • Which price? (Score:4, Insightful)

    by Snotnose ( 212196 ) on Thursday May 09, 2019 @08:51PM (#58566868)
    The Blue Cross price? The Humana Price? The Medicare price? The Canada price? The uninsured price?

    I'm guessing they're going to game the system and all these wunderdrugs are gonna be advertised for about $10/month.
    • Re:Which price? (Score:5, Insightful)

      by SirAstral ( 1349985 ) on Thursday May 09, 2019 @08:53PM (#58566872)

      You mean $10/month*

      *with qualifying insurance plan

    • by AHuxley ( 892839 )
      The only price that matters for the gov.
      That new Affordable Care Act price.
      With a message at the end of the ad thanking every gov for new price.
      A new NHS slogan for the USA after every ad?
    • >"The Blue Cross price? The Humana Price? The Medicare price? The Canada price? The uninsured price? "

      What it should be is the same price across the board. It really burns me that insurance companies "negotiate" their prices down by 2/3rds and yet those buying out of pocket have to pay full list price. So it adds insult to injury (pun intended).

      The example I use is dental, since it is simple. I have few dental problems, so I just need a cleaning once a year and have no dental insurance. I have watche

      • When I've told them I'll pay cash and I want a better price, I've received as much as half off their initial ask price.

        My doctor referred me to place for an MRI. When I called to ask the price, it took them ten minutes to even find out what they plan to charge me. $3,000

        I Googled "MRI Dallas", called the very first place that came up in Google. $1,200. If I schedule when they aren't busy, $1,000. If I file the insurance claim instead of having them do it, $750.

        So that's a savings of 66% even if I had them

        • When I've told them I'll pay cash and I want a better price, I've received as much as half off their initial ask price.

          Yeah it doesn't really work like that. Maybe you did do that in some rare corner case but most of the time if you offer cash and don't involve insurance they'll actually charge you more. The "list" prices from most hospitals would make a mafia loan shark blush. And good luck doing that for something that is an emergency. You really think you are going to negotiate pricing while having a heart attack?

          My doctor referred me to place for an MRI. When I called to ask the price, it took them ten minutes to even find out what they plan to charge me. $3,000

          That's because they often don't know and have no way to know in advance. They have no idea up front what

          • > Yeah it doesn't really work like that.

            Tell you what, before you tell me that I can't do what I routinely do, why don't you try it.

            As the old adage says:
            People saying: âoeIt canâ(TM)t be done,â are always being interrupted by somebody doing it.

            I routinely ask for a cash discount, and more often than not, get it.

            You mentioned emergency care. I've done three things about that. First, knowing the difference between urgent care and emergency. Emergency, in medical care terminology, is imme

          • Btw I'm glad to see there is also a push for laws regarding prices of emergency care, and regarding surprisingly high bills.

            https://www.cnbc.com/2019/05/0... [cnbc.com]

      • Re:Which price? (Score:5, Interesting)

        by jwhyche ( 6192 ) on Friday May 10, 2019 @08:29AM (#58568506) Homepage

        What it should be is the same price across the board. It really burns me that insurance companies "negotiate" their prices down by 2/3rds and yet those buying out of pocket have to pay full list price. So it adds insult to injury (pun intended).

        It's is even more fucked up than that. I'm currently waiting for my new medial insurance to kick in. I take Esomeprazole Magnesium tablet every day as prescribed by a doctor. The over the counter name is Nexium and retails for about $15. The generic sitting right next to it is about $10. I can get a whole months for right around $20 over the counter.

        The bottle that my pharmacist cost out of pocket, $275. Mind you there is no difference between the over the counter and prescription, other than dosage. I would have to take 2 of the over the counter.

        Well I wasn't going to pay $275 for something I can get for $20. But the madness didn't end there. I pulled out a "GoodRX" discount card. This is not insurance but a card that gets you a discount on medication. That took my prescription down to $17 and some change. A card that isn't insurance caused over $200 to vanish from my drug cost as if by magic.

        If any industry needs to be regulated its the prescription drug industry.

    • I guess you're almost certainly right.
    • I'm guessing they're going to game the system and all these wunderdrugs are gonna be advertised for about $10/month.

      If I were them, I'd price it based on the mg or some other appropriately small unit.

    • The rule requires display of the list price, BEFORE insurance discounts or coverage.

  • Knowing the price is immaterial when you're in the position of "take it or die." Doing something to actually curtail the ridiculous prices would be a lot more useful.
    • The point of this rule is to shame drug companies into lowering prices. If this works, it would in fact actually curtail the ridiculous prices.

      • by meglon ( 1001833 )
        Yeh, the strategy was obvious... but, i don't think these guys can feel shame. If they could, they wouldn't have set the prices that high to start with.
        • You're not wrong, I agree they "can't" feel shame. But they are also conscious of how they are perceived by potential customers, and they will have to know that the visible sticker price will turn off some who might otherwise go running to their doctor for "some of that great stuff" they saw on TV. So it would be artificial shame, to be sure, but it still might have a similar effect as "real" shame.

  • Shaming (Score:5, Insightful)

    by Dan East ( 318230 ) on Thursday May 09, 2019 @08:59PM (#58566908) Journal

    I think this is a fantastic idea. It is basically requiring the big pharma companies to shame themselves publicly.

    Prescription drug commercials have *always* been a pet peeve of mine, for a bunch of reasons. The biggest is that they typically cover such an extremely specific disease or illness that far less than 1% of the population is affected, and thus even a potential "customer" in the first place. So it's a complete waste of time for the other 99%+ of people hearing that commercial (not that other commercials aren't a waste of time, but at least they are something I can actually go out and buy if I choose).

    The second thing that bugs me is patients can't even then go out and buy the med themselves. The entire point of the commercial is to try and just get a patient to ask their doctor about the medication. Obviously if there was some silver-bullet medication for a patient's medical condition then most physicians in that specialty would know (because the pharma companies send drug reps to all pertinent practices regularly, doing everything they are legally allowed to do like buying the office lunch, etc, and giving free samples - so the doctors are already aware of these meds).

    Next, I really despise med commercials that don't even talk about the disease or illness AT ALL, or what the medication even does. They just show people doing things and being happy and talk about side affects. Literally, the entire point of the commercial is just to have shown the name of the drug.

    Finally, after everything I said above (encapsulating the overall ineffectiveness of these ads) they cost the pharma companies a fortune. Many are prime time spots that cost top dollar. Who pays for these commercials? The sick people that actually do buy these meds, or their insurance companies, or the government - either way it makes the drugs even more expensive.

    So... I think it's awesome they have to own up to their high prices in their fancy, expensive commercials.

    • The entire point of advertising medications makes little sense unless there's literally several different drugs that provide the identical therapeutic benefit. But usually there's all kinds of differences, from side effects, mode of action to actual therapeutic benefit and it's not like everyone has the "same" version of the disease.

      And so many of these drugs seem like they're meant to treat one very narrow and often serious condition where the option is "take a drug to treat it or suffer from not treating

    • It's not just about shaming. It's about stimulating competition on price. If company A has drug X that costs $100 and promises to fix condition XX, and company B has drug Y which hosts $10000 to fix the same condition, making them disclose pricing will steer the consumers towards company A even if the after-insurance price is the same. I hope they also require doctors to disclose the cost of all procedures costing more than $100. It's ridiculous that I can be charged thousands of dollars for treatments I di

    • Fully agree on those pet peeves. "Ask your doctor if X is right for you"... No, I'm going to ask my doctor "what medications he thinks are right for me", what the pro's and con's are between them etc... No I'm not going to assume that my time watching a feel good comercial with uplifting music puts me on even terms with my doctors years of med school and decades of practice.
      • by Shotgun ( 30919 )

        And, after he tells me what he knows, I'm going to fire up my favorite search engine and research the drugs myself. That might lead to more questions for my doctor. That might lead me to watch out for side-effects that he didn't mention. That might lead me to say "Oh, HELL no!!"

        The internet is full of crap, but if I'm going to take a strange chemical, I want to know everything I can about it. The doctor has to be an expert in all sickness. I just have to be an expert in what is ailing me.

  • ... and this 'problem' goes away. Leaving New Zealand as the only country permitting drug adverts. ##
  • FTA:

    [The new rule] will require direct-to-consumer television advertisements for prescription pharmaceuticals covered by Medicare or Medicaid to include the list price – the Wholesale Acquisition Cost – if that price is equal to or greater than $35 for a month’s supply or the usual course of therapy. (Emphasis mine.)

    This only applies if the drug is covered by Medicare. Many drugs are non-formulary, especially new ones. Such drugs are not covered by Medicare.

    You will still be paying through the nose for anything not covered by Medicare. Especially if you're not insured by a giant.

  • Just ban DTC marketing. Is it really helpful [ama-assn.org]?
  • Ah... but how will those prices "appear" in the ad?

    I predict they'll meet the letter of the ruling by placing those prices in the paragraph of unreadable text that they slap onto the end of each ad in a typeface that's so small that it's essentially invisible.

    I'd be more hopeful of this actually doing something positive about the insane rise in drug prices had the ruling said that the prices had to prominently appear in the ads and defined the size of the text, etc.

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