Drugmakers, health insurers battle over coupons for high-cost medicine
If you ask
So Mr. Bramnick felt like he notched a big win when then-Gov.
With the new law,
The regulatory, legal and legislative history behind the accumulator debate is a mess, but the contours of the debate are straightforward.
Patients with cancer, HIV, cystic fibrosis or conditions with high-cost medications often use coupons from drug manufacturers to help them pay for the drugs. That assistance runs out, however, and patients learn the money was not counted toward their deductibles, the set amount of money a patient must pay for a drug or service before insurance kicks in.
“You still have to meet the deductible despite this discount program, which didn’t make any sense,”
Industry groups counter that accumulators are not only justified, but also economically necessary because drugmaker coupons amount to a kickback for manufacturers.
“Copay accumulator programs are necessary because drug manufacturers’ copay coupons, which are illegal in Medicare and Medicaid, are a marketing tool used by Big Pharma to steer patients toward a more expensive drug instead of an equally effective, more affordable generic option, which leads patients and employers to pay higher drug costs,” said
Twenty-six states, plus the District and
The laws vary in scope, ranging from outright bans to statutes that prohibit copay accumulators only when there is no cheaper generic alternative to a brand-name drug.
Several states are debating whether it is a good idea to restrict accumulators or side with industry groups that say drug companies’ coupons only exacerbate high costs.
The HIV+Hepatitis Policy Institute, a
Advocates point to
“This is an issue that I have been actively trying to address for multiple legislative sessions and will continue to work on moving forward,” she told
Advocacy groups and lawmakers say it is tough to ban copay accumulators because the issue does not get priority in state capitals or industry lobbyists are effective at fighting it off.
“They are the strongest lobbying group, bar none, in New Jersey,”
State restrictions on copay accumulators reach only state-regulated plans, such as those in the individual market and fully insured large and small group plans.
Self-funded insurance or ERISA plans, which are popular with large and midsized employers, are exempt from state regulations, meaning the bans do not touch a big swath of the commercial market.
“That leaves a huge gap, considering the majority of people have insurance through their employer,” said
The institute said it is hard to obtain accurate data on how many patients are affected by copay accumulators.
Nearly 1 in 5 large employer-sponsored health plans had a copay accumulator program in their largest plan, increasing to about one-third when looking at companies with 5,000 or more workers, according to a 2024 survey by KFF, a nonpartisan health-policy research organization.
The copay accumulator debate has been simmering for years.
“In 2017, advocates began to hear that patients were suddenly receiving large bills for their prescription medications despite using the copay assistance they had always used,”
“At the time this was a new phenomenon, but it snowballed quickly in 2018 and beyond,” she said.
The Biden administration and federal policymakers since then have done little to enforce the ruling, leaving states to decide whether to restrict accumulator programs.
“It’s still not really been resolved how these things are regulated, if they’re regulated at all, under federal law,” said
HHS did not respond to a request for comment.
Some
Sen.
“Copay assistance programs are often the one thing standing between patients being able to afford their medication and having to go without it,”
The measure has not moved out of the
The bill would go further than state bans by impacting ERISA plans.
House lawmakers from both parties filed a companion bill, saying it is essential that payments “made directly by a patient or with support from nonprofit organizations or prescription drug manufacturers, contribute toward a patient’s annual deductible and out-of-pocket limit as intended.”
Industry groups that oppose the bans are urging lawmakers in states and in
“We oppose legislation that increases drug costs, which is what these laws will do,”
PCMA said health plan sponsors, not PBMs, decide whether to use a copay accumulator, and that its organization supports use of patient assistance programs, which are means-tested programs that help people who lack insurance or cannot afford their medicines.
On the other side of the debate, a major drugmaker lobby said it supports measures that ensure patients receive “the full benefit of copay assistance.”
The
“It is deeply concerning that insurers and PBMs undermine that support through copay accumulator and maximizer programs — which pocket manufacturer assistance while refusing to count it toward patients’ cost sharing — leaving patients facing unexpected costs and making it harder for some patients to afford and stay on their prescribed treatment,” said PhRMA spokesman
AHIP, a major lobby for the health insurance industry, said drugmakers are the ones who need scrutiny.
“Drugmakers alone set and repeatedly raise the price of their products, and they are responsible for the affordability challenges patients face at the pharmacy counter,” AHIP said.


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