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.