Majority of top-selling Medicare drugs offer little added benefit to alternatives, researchers find
When Medicare begins negotiating prices for some of the most expensive drugs in 2026, Harvard researchers are calling on CMS to ensure they are not paying more than what they would for reasonable therapeutic alternatives.
The call comes as new research published in JAMA on Tuesday by co-authors from Harvard’s Program on Regulation, Therapeutics, and Law (PORTAL) shows that 55% of the top-selling Medicare drugs in 2020 “had a low added therapeutic rating,” according to health technology assessments from Germany, Canada and France.
“Despite limited or no evidence that these drugs offer benefits to patients over existing treatments, these 27 drugs accounted for 11% of net Medicare prescription drug spending in 2020,” they wrote.
The researchers called on the federal government to a better job of understanding what its foreign counterparts pay for certain drugs, and how ratings by these HTA organizations could be used in CMS’ negotiation process.
“Congress should pass legislation to fund an HTA body that seeks to represent our values and priorities as Americans and its assessments are used to inform coverage decisions by our various public payers (e.g., VA, CMS, etc.),” study co-author Alexander Egilman told Endpoints News via email, adding:
I’d like to see such a body conduct its own assessments, but it could certainly use the work of ICER as well as HTA organizations in other countries to help inform such assessments. Prior to the establishment of a national HTA body, assessments by ICER and prominent foreign HTAs could be used by CMS, state prescription drug affordability boards, and other stakeholders to inform their coverage decisions and price negotiations, particularly when there is consensus across multiple HTA bodies.
For 2026, the first year of the negotiations, HHS will select 10 Part D high-expenditure, single-source drugs for negotiation. An additional 15 Part D drugs will be added for negotiation in 2027, and then 15 more Part B or Part D drugs will be negotiated in 2028, leading up to adding 20 more Part B or Part D drugs for 2029 and subsequent years.
How this mostly non-public, potentially year-long drug price negotiation process will work: Beginning Oct. 2, 2023, select drugmakers included in this top 10 list (published Sept. 1) will have to sign an agreement with CMS and confidentially provide information on R&D costs, and the extent to which these costs have been recouped (abandoned and failed drug costs will be considered), as well as unit costs of production and distribution, federal financial support for the drug’s discovery and development, data on pending and approved patent applications and exclusivities, data on revenue and sales volume, and more.
But Republicans and industry have raised concerns with the process and recent guidance, vowing to repeal the legislation. Rep. Chip Roy (R-TX) said today he wants a repeal of the IRA to be included in any debt limit extension legislation.
Other Republican leaders in the House and Senate sent a letter late last week to HHS and CMS chiefs to express their “disappointment and concern with recent implementation guidance for the drug price-setting provisions included in the Inflation Reduction Act.”
PhRMA even went so far as to call part of the guidance unconstitutional.
But JAMA co-author Aaron Kesselheim told Endpoints via email that more work needs to be done in this space as “an Executive Order or new legislation could create a panel to provide rapid-turnaround evidence-based reports on new drugs’ added clinical value. It should not be hard to find the resources for such an important endeavor. Everyone who believes that marketplaces function best with more information should support this idea.”
Similarly, a paper published in JAMA Internal Medicine this week called on Congress to pursue future expansions of Medicare price negotiation, relax certain eligibility criteria and use net spending when selecting drugs for its negotiations in order to “substantially increase estimated savings.”