On Feb. 9, the Senate Judiciary Committee passed five bills supported by the American Society of Health-System Pharmacists that target pharmacy benefit managers and patent thickets.
The five bills:
1. The Prescription Pricing for the People Act of 2023 asks for the Federal Trade Commission to inspect and report on PBM practices, including healthcare supply chain competition trends, whether they steer patients to PBM-owned pharmacies and if they reimburse payers at higher rates than their own pharmacies.
2. The Interagency Patent Coordination and Improvement Act of 2023 seeks to boost coordination between the FDA and Patent and Trademark Office when the latter handles drugs and biologics intended for human use. It also wants to create a task force to work with both agencies.
3. The Preserve Access to Affordable Generics and Biosimilars Act aims to "prohibit brand-name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market," according to the bill. It also seeks the same for biological product companies with concern to biosimilars.
4. The Stop STALLING Act looks to allow the FTC to dissuade "sham citizen petitions" when they attempt to block competing generic drug and biosimilar approvals.
5. The Affordable Prescriptions for Patients Act of 2023 wants to amend the Federal Trade Commission Act to prohibit "product hopping," which is when a drugmaker discontinues a product, slightly adjusts it, then sells it again.