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Targeting costly meds, Biden admin asserts authority to seize certain drug patents
Politico ^ | By ADAM CANCRYN 12/06/2023 03:43 PM EST

Posted on 12/07/2023 5:31:55 AM PST by Red Badger

The decision could give the president another tool to use in his effort to lower drug prices.

The Biden administration has determined that it has the authority to seize the patents of certain high-priced medicines, a move that could open the door to a more aggressive federal campaign to slash drug prices.

The determination, which was described by three people familiar with the matter, represents the culmination of a nearly nine-month review of the government’s so-called march-in rights. Progressives have long insisted that those rights empower the administration to break the patents of pricey drugs that were developed with public funds, in an effort to create more competition and lower prices.

The administration will not endorse the widespread use of march-in rights, and is not expected to take action against any individual medicines, said the people familiar with the matter, who were granted anonymity to discuss internal decision making.

Instead, the Commerce Department on Thursday plans to issue a new framework spelling out factors that federal agencies should weigh in determining whether to take march-in action against expensive drugs or other individual products that were created with federal help. The price and availability of that product to the public are among the factors the department will recommend that agencies consider.

The department will seek public feedback on the framework, which is likely to face sharp opposition from pharmaceutical companies that argue it’s illegal for the government to seize its patents and would disincentivize the development of new drugs.

The White House declined to comment.

The administration’s decision comes as Biden officials seek fresh opportunities to lower drug prices and boost competition within the industry, and amid renewed attention on President Joe Biden’s health agenda.

The White House has scrambled to highlight Biden’s health accomplishments in recent days, after former President Donald Trump suggested he would repeal and replace the Affordable Care Act if elected in 2024.

Biden officials now plan to make a fresh push to put health care at the center of Biden’s reelection platform, rolling out proposals in the coming days that would expand on Democrats’ passage of laws capping insulin prices for Medicare recipients and allowing Medicare to negotiate the price of certain drugs. Biden has also portrayed himself as a chief antagonist of the pharmaceutical industry, casting his drug price policies as central to his administration’s battle against “Big Pharma.”

The Commerce Department and Department of Health and Human Services were already expected to issue their determination on the government’s march-in authority in the coming weeks, the people familiar with the matter said. But the announcement was accelerated in the wake of Trump’s comments, and officials are expected to cite it as evidence that Biden continues to search for new ways to lower prices.

The departments launched their review in March, after the administration rejected petitions to use march-in authorities to seize the patent for a prostate cancer drug called Xtandi.

The Xtandi decision prompted criticism from prominent progressives at the time, including Sen. Bernie Sanders (I-Vt.), who later stalled Biden’s nominee for the National Institutes of Health partly over the administration’s reluctance to use its march-in rights.


TOPICS: Business/Economy; Conspiracy; Government; Health/Medicine
KEYWORDS:
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1 posted on 12/07/2023 5:31:55 AM PST by Red Badger
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To: ConservativeMind

PING!....................


2 posted on 12/07/2023 5:32:41 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

Is this to “slash” drug prices or to make them unavailable to certain people?


3 posted on 12/07/2023 5:33:55 AM PST by albie
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To: albie

If you think those drugs are expensive now, just wait until they are ‘free’...................


4 posted on 12/07/2023 5:36:54 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: albie

Bingo.


5 posted on 12/07/2023 5:36:55 AM PST by Bloody Sam Roberts (The Truth is like a lion. You don't need to defend it. Let it loose and it will defend itself.)
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To: albie

“If you put the federal government in charge of the Sahara Desert, in five years there’d be a shortage of sand.” - Milton Friedman..................


6 posted on 12/07/2023 5:38:27 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

Will this include the $600 Narcan that Manchin’s daughter was pushing into every school and fire dept in America?


7 posted on 12/07/2023 5:38:47 AM PST by Prince of Space (Trump 2024!)
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To: albie

Solution? Don’t use public funds to develop drugs.

This maneuver will end up cost shifting to private insurance - via higher prices on other drugs as a means of recovering stranded investment. SSDD as with other Biden policies.


8 posted on 12/07/2023 5:39:31 AM PST by Wally_Kalbacken
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To: Red Badger

Welcome to Venezuela. Have a nice day.


9 posted on 12/07/2023 5:39:46 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money)
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To: Prince of Space

Today it’s ‘cancer drugs’.
Tomorrow it’ll be everything from aspirin on up................


10 posted on 12/07/2023 5:39:53 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

This is about getting larger donations from drug companies leading into 2024.


11 posted on 12/07/2023 5:39:57 AM PST by Raycpa
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To: Red Badger

“Ayn Rand, paging Ayn Rand. Please pick up the white courtesy phone.”

L


12 posted on 12/07/2023 5:40:10 AM PST by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: albie
"Is this to “slash” drug prices or to make them unavailable to certain people?"

It sounds very unconstitutional to me.. But, it looks like they really don't care much for the constitution anymore so.....they do whatever they want...

13 posted on 12/07/2023 5:40:47 AM PST by unread (I pledge allegiance to the flag of the United States of America, and to the REPUBLIC..!)
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To: Oldeconomybuyer

Welcome to Marxism......Having a ‘Nice Day’ is forbidden..........................


14 posted on 12/07/2023 5:40:56 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Lurker; Publius

Rearden Metal PING!....................


15 posted on 12/07/2023 5:41:34 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Raycpa

For the Republicans................


16 posted on 12/07/2023 5:42:06 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: albie

Slash?.......I don't think so...............

17 posted on 12/07/2023 5:44:06 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

Socialized medication.


18 posted on 12/07/2023 5:45:30 AM PST by mykroar ("It's Not the Nature of the Evidence; It's the Seriousness of the Charge." - El Rushbo)
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To: Red Badger

Hmm could this be to take liability off Pfizer to clot shot?


19 posted on 12/07/2023 5:45:58 AM PST by roho (SemperFi)
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To: Red Badger
Tomorrow it’ll be everything from aspirin on up................

They won't stop at drugs. It will be EVERYTHING!

20 posted on 12/07/2023 5:48:28 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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