Groups representing HIV and diabetes patients are trying to kill a Medicare rule they say leaves sick patients stuck with higher drug costs, by preventing them from applying billions of dollars in assistance against their insurance deductibles. The big picture: A federal suit filed by the groups on Tuesday takes up the bigger question of whether pharmaceutical companies can cover Medicare copays for expensive drugs, or whether covering patients' costs that way amounts to a kickback. Zoom in: The suit in U.S. District Court for the District of Columbia centers around "copay coupons" offered by drug companies to offer patients a better deal and ultimately boost sales of their drugs — at least, until their insurance deductibles are met. - Insurers have begun using so-called co-pay accumulators to stop patients from applying those discounts toward their deductibles.
- But the patient groups — including the HIV+Hepatitis Policy Institute, Diabetes Leadership Council, and the Diabetes Patient Advocacy Coalition — argue federal regulations define cost-sharing as "any expenditure required by or on behalf of an enrollee with respect to essential health benefits."
- "It should not matter whether the assistance comes from a friend, charity, or drug manufacturer," they write.
A CMS spokesperson said the agency does not comment on pending litigation. What they're saying: Due to increasing deductibles and cost-sharing requirements, patients often rely on copay assistance to help them afford their prescriptions, said Carl Schmid, executive director of the HIV+Hepatitis Policy Institute. The other side: Studies have shown drug coupons raise costs across the board, by encouraging patients to seek specific companies' drugs. Physicians are willing to prescribe them, knowing patients won't be burdened by cost. But taxpayers could pick up the bulk of the tab. - Medicare prohibits copay coupons, essentially calling them kickbacks. The groups are suing to change that interpretation.
- Yes, but: "We're talking about pharmaceutical manufacturers ... seeking to circumvent cost-sharing mechanisms that have some ability to constrain pharmaceutical prices and direct utilization to more cost-effective care," Leemore Dafny, a health economist at Harvard, told Axios.
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