As I noted earlier, the President used his closed-door meeting with the House Democratic caucus yesterday to announce his support for dropping the exclusivity period for biologic drugs by at least two years. A source familiar with the meeting, whose professional position does not allow public communication with the press, told me that Anna Eshoo, who had been the lead supporter of the 12-year exclusivity period, protested at the meeting, telling the President that this was not right because her position was reflected in both the House and Senate bills. The President replied that he did not agree, that everything was on the table in the negotiations.
The pharmaceutical industry, along with the biotech trade group BIO which reps a lot of biologic makers, went ballistic. FDL News has obtained the text of an email sent by Billy Tauzin, head of the trade group PhRMA, to his board members, wherein he basically announces that they would oppose the final bill if their exclusivity period were to be dropped:
Mr. Waxman is pushing hard, with the support of the President, to drop our 12-year FOB (follow-on biologics) period down. We are all letting everyone we know hear that we could not support the bill if this happens. Please activate immediately all of your contacts.
Billy
The AP is reporting the same.
My source described it as “outrageous” that PhRMA would try to block the bill over a two-year change in the exclusivity rules. “They did think they won this already, and even two years means a lot of money,” said the source. “But it shows you the greed of these companies, that over two years, they’d blow up the bill.”
PhRMA has already been shielded from the reimportation of prescription drugs from abroad, as well as negotiation through Medicare for lower prices. And the biologics language was not even part of their original deal. “This is a violation of their commitment,” said the source.
The President is seeking the lowering of the exclusivity period, presumably, because he’s looking for more money after cutting the revenue raised by the excise tax by roughly $60 billion dollars. PhRMA obviously isn’t in a giving mood.
The question this raises is what would be the implications of PhRMA’s threat? There are a variety of explanations. One, the bill initially passed with razor-thin margins, and so PhRMA may believe that they could credibly flip enough members to ensure no passage until their biologics deal is restored. The other is that they would wage an immediate advertising campaign against the bill, but considering that this would pass in a couple weeks if everything goes to plan, I don’t see how that could be effective.
The most likely explanation is that PhRMA would withdraw its support from Democratic candidates in 2010, and in fact move quickly to support the challengers, threatening the Democratic majority in key races. Asked whether that implicit retaliation would fit the profile here, the source said, “I have not heard that, but it wouldn’t surprise me.”
Regardless of motive, it does strike one as a sign of the country we live in, where a corporate trade group basically holds the success or failure of legislation in their fingertips.
If the President and Congress can lose PhRMA’s support based on this relatively minor tweak to their profit margin, then there’s nothing really stopping them from changing everything about the structure of the deal. “This is an outrageous move, and the Congress and the President should just go forward with the bill,” the source continued. “They think they’re the 101st member of the Senate.”





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I don’t understand why we are so afraid of this industry. Since nearly every country has national health care insurance and is able to negotiate favorable rate for Pharmeceuticals wouldn’t that mean that US drug customers are paying a premium for drugs to make up for the health care deals other countries are given? In other words when I pay $100 for my Rx and everywhere else in the world they pay no more than $60 I am in effect paying a premium so other countries citizens get theirs cheaply. We are getting fucked by an industry that US Citizens basically sustain with their exhorbitant cost of Rx. Apparently every drug consumer in the US getting screwed is of no interest to our elected officials.
PhRMA and AHIP members are economic terrorists.
What? 10 years isn’t enough? Being shielded from the reimportation of prescription drugs from abroad isn’t enough?
Besides, if the evergreening provisions haven’t changed much, it’s not like they won’t have an endless monopoly anyway.
Too bad progressives don’t know how to fight the way PhRMA does…
Let them try to kill it. Perhaps this would allow POTUS to understand how greedy and craven these corporations, and industry’s are. They seriously do not give a rip about the american people. It’s all money all the time.
My son was on a Name Brand for several years, about 8 months ago the price of the drug increased over 1,300 from one month to the other. The reason was a generic drug would be released in 6 months and they wanted to extort all the money they could before the generic came out.
Why do we even negotiate with these assholes? Because obama, the house and senate are nothing more than spineless greed bastards. It’s time for a change all right, it’s time to throw that shithead out of the whitehouse. I’ve had enough of obamas weakness. Dems suck and so do retards. Off with their heads, all of them.
Jeez, Billy Tauzin’s doing every bit as good a job at lobbying as he did as a congress-critter for his then constituents. And I’m sure, its you-n-me public who’s interests he’s advancing. Just like that nice Karen Ignani. Too bad the Lord’s Work comes at so high a price.
Sadly, POTUS understands the greed and cravenness, or he wouldn’t have appointed Rahm as the point person on so-called “health Reform.”
More like corporare welfare in my opinion.
PhRMA, like the insuresters and the Republicans, won’t keep any deal with Democrats. They will oppose any measure that takes away any of their power. That’s how they keep what they have and get more.
Mr. Obama, were he capable, would realize that avoiding conflict in politics is a contradiction in terms. Conflict resolution is politics. Both sides have to get something, not just the one that screams the loudest or holds out compromise tomorrow for everything today. As in an abusive adult relationship, appeasement yields nothing but demands for more.
Obama’s biggest problem – from a progressive perspective – is that he has bought into the conservative ideology that progressives are the opposition to be feared and rejected, not conservatives.
“PhRMA would withdraw its support from Democratic candidates in 2010″
How would that be a bad thing? If Dems were smart they would run on a platform of “we took on the greedheads, who now support my opponent.” Do they not realize that big pharma and Wall Street are repugnant to citizens left, right, and center?
And at this point, who is PhRMA going to oppose the healthcare bill with?
I know there are Senators (and House members) close to PhRMA among Democrats, but would they really commit that sort of political suicide?
It’s nice that this came to public light. That in itself becomes something of a deterrent.
DING!
President Obama says everything is on the table in negotiations.
EXCEPT
Anything that would helpd the already overburdened US citizen.Our country is currently being sold to the highest bidder.
Well, in theory, even though I’m sure he’s pursuing out of purly selfish reasons (hoping to reduce the deficit by making future drugs cheaper), this is ONE area that does help the overburduned US citizen. In theory. The problem would be then whether the evergreening problem would just result in new patents every 10 years instead of every 12. If that’s the case, then it’s not going to help the US citizen. Of course, it won’t help the government either.
But at least in this ONE area he’s approaching the right side of things, even if it is for the wrong reasons. Hell, at this point, I’ll look for anything to be a little positive about.
The rest of the bill is certainly a big stinking pile of shit and deserves to die and all who vote for it deserve to lose.
Assholes.
billy “bling” tauzin bringing the heat … isn’t it amazing how upfront and brazen the corporate and wall street interests are regarding their control of the government and hence our lives. Hell, they act like they all got pocket vetos in their wallets … and probably do.
Z
Ha! no honor among thieves, is there?
The only certain thing is that we are the marks.
Shorter Anna Eshoo: “But…but…Mr. President, that’s just not fair! When we buy someone, they’re supposed to stay bought!”
Insurance corps & PhRMA are huge contibutors to pol campaigns. Clinton (Third Way) discovered that Ds could be as big whores to corps as Rs, and win elections because corp campaign donations trumped voter activism owing to low-info voters’ susceptibility to campaign commercials.
Yet another reason to kill off this abomination of a bill. I really do think the way to get a good bill is for Coakley to lose in MA, which would kill the bill in the Senate. Then Dems can blame GOPers for killing HCR in the election while passing some elements of a new bill using the reconciliation process in the fall. This would require only 51 votes and would be much more progressive. Promising to do the rest after the election should staunch losses and commit Dems to passing more in the following session.
Without Anna Eschoo’s pharma welfare provision.
Hope eveyone knows that we have Mr. Waxman to thank for the greater-than-inflation-rise in PhRAMA prices since 1981 vs. the lower-than-inflation-rise in PhRMA prices perviously (at least back to 1947, when data collection began). On of my favorite examples of law of unintended outcome. Prior to generic drug legislation, Waxman led, passed in 1981, PhRMA passed along their research benefits to consumers. Once generic drug legislation was passed, PhRMA raised prices much more rapidly to recoup R&D. In the process, PhRAMA discovered that their products were price inelastic, meaning that a rise in prices did not result in a comparable fall in demand. The rest is history. Don’t think Waxman has ever owned up to that unintended outcome.
I think that it is a further delusion to expect elected official to care about the concerns of the people that elect them.
If you wanted to have elected officials advocate for your concerns then you must install a mechanism that would allow for their removal from office at any moment when the people feel they are being betrayed. A recall mechanism of elected officials must be passed in every state so that officials are removed from office by popular demand whenever the need arises.
Much of health care spending is price inelastic, which is why it shouldn’t be part of the “free market” system to begin with. It’s legal extortion.
David, I apologize in advance for this somewhat OT, but I just can’t let this one slip by.
From the NYT’s Paul Krugman:
Hilarious! The freaking Democrats are so incompetent even when they sell out to Tauzin they get nothing but jack shit in return.
Duh. Not only price inelastic, BUT knowledge gap between buyer and seller, AND customer is vulnerable. No better description of a ripoff could be sketched. How many eCAHNomists have you seen opine on this?
BTW, did you see my response on earlier thread?
Heh. Called it. Said list of Krugman attackees would get longer. Too lazy to link to my comnent.
I didn’t know Big Guy Billy had a vote in Congress.
The paradox of capitalism…
Superb when it comes to manufacturing commodities. Just dangle dollar bills in front of the capitalists and watch the stuff pour out.
But when it comes to distributing the goods only the consumers who dangle the most dollars have access to them at all.
The shame of moral ilk like Obama Inc., of course, is that they trade the dangling dollars from Wall Street for policies and legislation that keep the dollars dangling all the more for these commodity makers.
The shame is all the more appalling because only in America is the health care of citizens reduced down to a commodity. Like it was just another video game or a dvd.
I completely agree.
This lame attempt at HCR as sheparded by Obama deserves to fail and Obama along with it. He has shown himself to be inept and beholden to the very insurance lobby that is at the root of the problem. It is safe to say that meanigful HCR can not pass until Obama is removed from office.
In the meantime the job is to work for the election of committed progressive candidates at the national and state level and to pass by popular state referenda provisions that allow people to be insured by not for profit single payer insurance schemes.
Again I apologize for an OT, but I couldn’t allow this one to pass either.
From David Weigel over at the Windy:
What’s funny is GG’s post was about SUNSTEIN! As well as general practices of hypocrisy/feedback propaganda loops and Krugman was really just tangentially mentioned.
Funny that stung Paul. Ubersensitive I guess.
I guess the “duh” was my point. You seemed to lay some blame on Waxman for allowing PhRMA to “learn” that price was inelastic for their product. It’s hard for me to understand why they wouldn’t have already known that well before generics were passed.
And yeah, saw response (I think, been jumping a lot maybe I didn’t *g*). Like I said, I’m very unsure, but a lot that was brought up does make sense regarding both polls.
But it does seem to me that polling isn’t quite as rigid as say, doing a math equation. I’m not sure, but I’d almost bet that if you got 5 highly trained, well regarded, professtional pollsters in a room and asked them to design a poll like that, you’d likely get 5 different polls.
Thus, while I agree process is important and should never be KNOWINGLY compromised, I’m wondering what Nate’s criticisms were regarding results. Because I highly doubt he’s merely criticizing the process. He’s already shown to have a dog in this race (which is why I don’t go there anymore) and I think if the poll’s headline would’ve been: “Arkansans support Obama’s plan 82-12, plan to re-elect Snyder in a blowout as a reward, poll shows”.. then he would’ve never written a post criticizing the process.
Please notice….that picture of LA Bill at the top must be about 30 years old…Has he not had a recent pic? The looks of the perfectly corrupt LA politician.
I am afraid your blame of greed is misplaced.
Clearly, you have two groups of predatory criminals fighting over the spoils and no one seems to care about the lamb being eaten. This is what happens when you make deals with the devil…and you can take your pick as to which is the devil.
Yes it is important to remind ourselves that all the angst and crying that “not passing the Health Insurance bill will be the end of the Democratic party” is simply wrong. It will likely be the end of the ObamaRahama tight grip on the policy of the party, and ultimately Obama as a viable politician. There is a whole big party and electorate out there that is longing for authenitc progressive candidates.
Or, more to the point:
Shorter Anna Eshoo, bleating from the Congressional sheep pen: “But…but…Mr. President, that’s just not fair! When you and your sheep-herders Reid and Pelosi buy someone or their vote, they’re supposed to stay bought!”
You and I would certainly be astonished if that simple economic observation were not previously known and acted on. It’s one of my favorite truths that, after you hear them, are completely obvious, and you never forget them as long as u live.
So besides the data, which I am no longer connected to but have accurately described, here’s another example. Sugar prices multiplied manyfold in 1974, which caused one soft drink analyst to fly out the window to his death. However, contary to that pessimist, soft drink mfrs raised prises more than enuf to comepentsate for rise in sugar prises, including diet soda.
Dya think that Waxman coulda anticipated the outcome? Well how bou acknowedgeing it?
This is what happens when you enable these greedy Mofos. They’re all a bunch of friggin extortionists. Anyone want to make a bet ObamaRahma gives them what they want?
Bingo ! BUT that doesn’t absolve them of their own responsibility as citizens to become informed.
Well, if they don’t like 10 years of exclusivity…give ‘em one year.
Oh wait…that’s what the President and the Two Majorities we THOUGHT we elected would do.
I missed that comment. Anyway, it was a reasonable guess. As far as I’m concerned, Krugman’s never had occasion to learn what a conflict of interest is, when it applies to his own profession.
That should be a warning for anyone inclined to take his word about things in the future.
WTF? They’ll only kill the bill if Obama and Congress lets them kill the bill. Who is the government?
It may be of interest to revisit the issue of the WH email,from last August, delineating the original deal with Pharma:
Billy Tauzin – WhoRunsGov.com, a Wash Post Co
Grim, Ryan, The Huffington Post, “Internal Memo Confirms Big Giveaways in White House Deal with Big Pharma,” August 13, 2009 Both parties at first denied …http://www.whorunsgov.com/Profiles/Billy_Tauzin -
Oh, the irony of this:
“It was a great plan in Massachusetts, but the notion that you could do this nationally is simply laughable,” said Jonathan Gruber, an MIT economist and member of the Health Insurance Connector Authority board that oversees the Massachusetts program. “If you’re going to cover the uninsured nationally you’re going to have to raise new funds.”
Gruber added yesterday, “He (Romney)gets credit for a brilliant plan here in Massachusetts but he should be honest about what it takes to create such a plan nationally.”
(Gruber referring to Romney’s Massachusetts health care reform.)
“Romney’s Universal Healthcare Can’t Be copied in Most States”,Micheal Levenson, Boston Globe,November 3,2007
NOTE:Should not have Gruber taken his OWN advice BEFORE recently asserting that lower health costs would result in driving higher wages?
Romney’s universal healthcare idea can’t be copied in most states …Nov 3, 2007 … It sounds like a simple solution to one of the nation’s most vexing problems: how to provide healthcare coverage to the uninsured without …
http://www.boston.com › News › Nation – Similar
Transparency : Pictures, Videos, Breaking NewsInternal Memo Confirms Big Giveaways In White House Deal With Big Pharma …. Dean Baker Fed Transparency Should Precede Bernanke Confirmation …
http://www.huffingtonpost.com/news/transparency – 1 minute ago – Similar
Repugnant like the face of that guy “Billy” Tauzin? Yes, indeed.
Dems do a 180? Imagine.
Dems make corporate welfare illegal, recognizing that they have abused the generous, hardworking American people.. Dems pass hard hitting election reform, campaign finance laws now toughest ever..corporate money now illegal in elections- they really aren’t human beings (hear that SCOTUS?) Dems require paper ballots. Dems cap corporate profits to stop escalating costs. Dems mandate single-payer reform of health care industry, non- profit health coverage and the return of hospitals that are for care not profit. Dems decentralize markets by enacting anti-trust laws with penalties and restitution that reimburses consumers tenfold . Dems define new mission for Dept. of Defense- endorse position of neutrality and peacemaking, since war-making has been illegal and for profit. Dems enact strict trade laws that protect American life and values. Working people to receive strong benefits to increase health and satisfaction with life in America. Dems strive for sustainable communities, launch a farm corps to train US families in cooperative small farming and to bankroll markets and programs of self-sufficiency rather than dependency on large distributors. Dems get tough on Great Lakes water protection and boot corporate leeches seeking to profit off a valuable public trust. Dems decide America needs smart people and underwrite higher education for American students. Plenty more….on and on. Hah. Real change for real people.
This was the rationalization used to murder the Dorgan amendment, which last time I checked PhRMA didn’t have a seat in the Senate, but the Democratic Senators used PhRMA having Democratic seats in the Senate as an excuse to off tens of billions of dollars in savings to the public.
Speaking of healthcare, here’s a piece from the AP on the attempt (such as it is…) from the government to zap Big Tobacco with some real punishment for concealing the effects of smoking, for decades.
http://news.yahoo.com/s/ap/20100116/ap_on_bi_ge/us_tobacco_case;_ylt=Au4qmX3QS9ZwALkIeXsvyzys0NUE;_ylu=X3oDMTNmOWg4azU4BGFzc2V0A2FwLzIwMTAwMTE2L3VzX3RvYmFjY29fY2FzZQRjY29kZQNyYW5kb20EY3BvcwMxMARwb3MDNwRwdANob21lX2Nva2UEc2VjA3luX2hlYWRsaW5lX2xpc3QEc2xrA2FwZXhjbHVzaXZldA–
Evidently, it needs go to the Supreme Court by Feb. the 19th, or it don’t fly anymore.
And of course, the obviouys question is, why was the recent meeting between Solicitor General Elena Kagan and the four biggest tobacco companies kept secret?
Every time the Obama administration secretly meets with another bunch of corporate shits, we get screwed again.
The more that people find out about this and get to weigh in on it, the better the chances of getting something more than a slap on the wrist for the corporations who’ve made zillions by, for example, chemically jacking up the nicotine delivery in cigarettes.
Let’s watch to see what our “progressive” preznint and his administration, do.
Woops. I may have been wrong about Feb 19th expiration date favoring the tobacco companies. As I re-read it, that’s the date by which this has to go to “review” by SCOTUS, or the lower court ruling against them will stand.
OTOH, some anti-smoking groups want it to go to the court, which I don’t understand, given the court’s makeup.
BMaz, you there? :o)