Writing /Healthcare

Prescription Drug Prices: Why They Are So High and What Policy Can Do

Americans pay two to three times more for prescription drugs than residents of other high income countries for the same medications produced by the same manufacturers. A month's supply of a brand name insulin that costs $400 in the United States costs $40 in Canada and $12 in Germany. The same patented cancer drug, the same biologic, the same cardiovascular medication: the U.S. price is consistently and dramatically higher than the price anywhere else in the developed world. This is not a secret. It is one of the most consistently documented features of the American health system and one of the most politically resistant to change.

Why American Prices Are So High

Drug pricing in the United States differs from every other high income country in a fundamental way: the government does not negotiate drug prices on behalf of the population. Medicare, which covers more than 60 million Americans, was specifically prohibited by law from negotiating drug prices until the Inflation Reduction Act of 2022 allowed limited negotiation for a small subset of drugs. The Veteran's Administration, which does negotiate prices, pays significantly less for the same drugs than Medicare. Medicaid programs can receive mandatory rebates but cannot negotiate freely. The fragmented payer landscape, in which hundreds of insurance companies and pharmacy benefit managers negotiate individually with manufacturers, produces less negotiating leverage than a single national payer that can credibly threaten to exclude a drug from coverage.

Market exclusivity, granted through patents and regulatory mechanisms, allows manufacturers to price without competition during the exclusivity period. Brand name drug manufacturers have historically used patent thickets (multiple overlapping patents), pay for delay agreements with generic manufacturers, and regulatory strategies to extend market exclusivity well beyond the nominal patent life. The average effective exclusivity period for a brand name drug is significantly longer than the nominal 20 year patent life, providing manufacturers with extended periods of price control without competitive pressure.

The Role of Pharmacy Benefit Managers

Pharmacy benefit managers (PBMs), which are intermediaries that manage prescription drug benefits for insurance plans, play a complex role in drug pricing that is often invisible to patients. PBMs negotiate rebates from manufacturers in exchange for formulary placement, generating revenue for themselves and theoretically lowering costs for their plan clients. The system has been criticized for creating perverse incentives: PBMs earn larger rebates on higher priced drugs, which can lead to formulary designs that favor expensive brand name drugs over less expensive alternatives. The lack of transparency in PBM contracting, which obscures how rebates flow and what PBMs retain versus pass on to plan sponsors, has made reform difficult. Federal and state legislation to increase PBM transparency and accountability has accelerated in recent years.

What the Evidence Supports

The evidence most strongly supports several policy directions that have reduced drug prices in other countries and that have partial precedent in American policy. Government negotiation of drug prices, which the Inflation Reduction Act partially enables for Medicare, reduces prices in the drugs covered without eliminating manufacturer incentive to develop new drugs, as the experience of other countries demonstrates. Importation of drugs from countries with lower regulated prices, particularly Canada, provides price competition that constrains domestic prices for specific drugs. Greater transparency in drug pricing, including public disclosure of manufacturing costs and the rebate flows that currently obscure the effective price of drugs, creates the information environment that more competitive pricing requires. None of these solutions addresses all aspects of the drug pricing problem, and comprehensive reform requires sustained policy attention across multiple levers simultaneously.

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