z Senate committee punts on PBM reform bill markup after Republicans question process – Endpoints News
Sen. Bernie Sanders (I-VT) (AP Photo/J. Scott Applewhite)

Sen­ate com­mit­tee punts on PBM re­form bill markup af­ter Re­pub­li­cans ques­tion process

While Sen­ate health com­mit­tee chair Bernie Sanders (I-VT) sought to race four new bills on PBM and FDA re­forms out of com­mit­tee to­day, Re­pub­li­cans ul­ti­mate­ly got their way af­ter com­plain­ing that the markup should ac­tu­al­ly fol­low next Wednes­day’s hear­ing with top in­sulin man­u­fac­tur­ers and PBM ex­ecs.

The change of plans to now mark up the new leg­is­la­tion next Thurs­day fol­lowed se­ri­ous process ques­tions from rank­ing mem­ber Bill Cas­sidy (R-LA), Sen. Mitt Rom­ney (R-UT) and oth­er Re­pub­li­cans as they com­plained that the process was out of or­der and that De­moc­rats had ac­cess to in­fo like CBO scores on the bills that Re­pub­li­cans had yet to see.

“At some point process mat­ters, and I’m sor­ry to be a skunk in the room,” Cas­sidy said. He al­so com­plained that some of the amend­ments, like one from Sen. Mag­gie Has­san (D-NH), had been tabled as part of his over­all, bi­par­ti­san agree­ment with Sanders. But Has­san in­sist­ed on bring­ing up her amend­ments, one of which would re­quire the FDA to iden­ti­fy and dis­close in­ac­tive in­gre­di­ents in gener­ic drugs — which FDA is in fa­vor of.

Sen. Su­san Collins (R-ME) sim­i­lar­ly said Sanders should have just flipped the dates of to­day’s markup and next week’s in­sulin and PBM CEO grilling.

Sanders at one point con­ced­ed that the FDA-re­lat­ed bills due for markup — deal­ing with cit­i­zen pe­ti­tions, cod­i­fy­ing FDA’s in­ter­pre­ta­tion of or­phan drug ex­clu­siv­i­ty, and so-called “park­ing” where gener­ic drugs don’t launch quick­ly — should be pushed back, but that a vote on the PBM re­forms should go for­ward.

Sanders al­so not­ed that on Collins’ bill on cit­i­zen pe­ti­tions, FDA has raised some con­cerns about how this leg­is­la­tion could af­fect biosim­i­lar ap­provals. Collins said she had yet to re­ceive the tech­ni­cal as­sis­tance from the agency. “We’ll work to­geth­er and get this passed,” Sanders con­ced­ed.

The com­mit­tee then went in­to re­cess briefly as Rom­ney and his col­leagues raised more con­cerns that there are Re­pub­li­cans who are on board with some of these amend­ments but who might vote against them just be­cause of the rushed process.

Af­ter a brief re­cess, Sanders emerged and agreed with the Re­pub­li­cans that his com­mit­tee would de­lay their markup un­til next Thurs­day, af­ter next Wednes­day’s hear­ing where CEOs from the top in­sulin man­u­fac­tur­ers, Sanofi, Eli Lil­ly and No­vo Nordisk, and top PBMs will face ques­tions.