[W]ASHINGTON — Following a two-hour debate in the House Energy and Commerce Committee last week on an amendment to allow Americans to purchase cheaper prescription drugs in Canada, the legislation failed to pass on a voice vote.
The amendment’s author, U.S. Rep. Peter Welch, D-Vt., called the lack of action “a real failure” but said he was hopeful that Congress was on the verge of addressing rising drug costs. Welch said the issue hasn’t been meaningfully addressed in the Energy and Commerce Committee, whose purview includes health care, during the last two congressional sessions.
During the markup process of the FDA Reauthorization Act of 2017 — H.R.2430 — Welch had hoped to slip in an amendment allowing the importation of cheaper medicines from Canada.
“The price of prescription drugs is killing us,” Welch said during the Wednesday hearing. The pharmaceutical industry “does good things. It creates pain-relieving and life-extending products. It’s good for us, but the cost is crushing us.”
After the amendment failed, Welch said he didn’t expect it to pass, contending that many in Congress are afraid to challenge the pharmaceutical industry.
“There are Republicans and Democrats who are not on board with this,” Welch said. “Our party is part of the problem, and the bottom line here is (the pharmaceutical industry) has a very strong grip on this Congress.”
Republicans often express safety concerns in the debate over whether to import prescription drugs other countries, including Canada.
“This would put Americans at risk of counterfeit and substandard drugs,” U.S. Sen. Orrin Hatch, R-Utah, said after a markup on identical legislation in the Senate. “There’s no way for Americans to ensure the drug being dispensed in a Canadian pharmacy is the same drug as what the doctor prescribed.”
American drug prices are among the highest in the world, largely because most other governments negotiate drug prices down. A 2015 study from the U.S. Centers for Disease Control and Prevention found that nearly 1 in 10 Americans can’t afford their prescription drugs.
“We have an example of EpiPen where if people buy it in Canada it’s 250 bucks. In the U.S. it’s $600,” Welch said during the Wednesday debate. “And the pain to families — I got a letter from a Vermonter who said, ‘Mr. Welch, I have a choice between paying for something I cannot afford, or risking a loss that I could never endure.’”
“We pay the highest prices in the world,” Welch said. “Now, why don’t we have consideration for that mom struggling to protect her son when there is an ability to do that?”
Welch’s amendment was identical to a bill he co-sponsored by Rep. Elijah Cummings, D-Md. U.S. Sen. Bernie Sanders, I-Vt., has introduced companion legislation in the Senate.
The legislation would direct Health and Human Services Secretary Tom Price to develop regulations allowing pharmacies, wholesalers and individuals to gain access to Canadian drugs produced in accordance with FDA guidelines. All imported medicines would be tracked and traced, and would required to have the same active ingredients and strength as current products in American pharmacies.
After two years of Canadian importation, additional countries that meet U.S. prescription standards would become eligible for importation.
The health secretary would be able to suspend importation if violations are discovered, such as the selling of counterfeit drugs. The bill creates strict penalties for those caught selling adulterated medicines, including up to 10 years in jail.
While zero Republicans have co-sponsored importation legislation, Welch said that President Donald Trump is committed to lowering prescription drugs. In March, Welch met with Trump at the White House to discuss a plan that would allow the federal government to negotiate prescription drug prices for the Medicare program.
While Welch hasn’t been in direct contact with Trump since that meeting, he said several members of Trump’s Cabinet — including Vice President Mike Pence — have recently told Welch the president is still interested in lowering drug costs.
“This effort would be hopeless except for the fact that Trump has expressed an interest in combating prescription drugs,” Welch said. “He sees that this is popular politically.”
While the amendment failed, Welch said House Energy and Commerce Chairman Greg Walden, R-Ore., has assured him that further hearings will be held on prescription drug prices.
“We want a full hearing to create that legislative momentum to break the iron grip that (the pharmaceutical industry) has on this Congress,” Welch said.
