💊 Axios Vitals: Nothing's "off the table"

Plus, MA star ratings fall | Friday, October 07, 2022

Open in app View in browser   Presented By Johnson & Johnson MedTech   Axios Vitals By Tina Reed · Oct 07, 2022 Good morning, Vitals readers. Today's newsletter is 788 words or a 3-minute read. One quick programming note: This newsletter is off for Monday's holiday. 👀 Check it out: Axios' Erin Brodwin's investigation of a buzzy women's health tech company FemTec — which own brands like Birchbox and fertility wearable Ava Women — found allegations the founder has misrepresented its financial and operational status and failed to pay several vendors.     1 big thing: Becerra leaves door open to march-in rights to lower drug prices Photo illustration: Shoshana Gordon/Axios. Photo: Amanda Andrade-Rhoades/Bloomberg via Getty Images   Despite newly enacted drug pricing measures, the Biden administration hasn't ruled out more sweeping actions to lower the cost of medicines, including asserting control over the patents of treatments developed with the government's help, Axios' Peter Sullivan writes. Why it matters: The Inflation Reduction Act signed by President Biden in August for the first time allows Medicare to negotiate lower prices for some drugs. But HHS Secretary Xavier Becerra on Thursday left an even bigger sword hanging over the pharmaceutical industry, saying so-called march-in rights are not "off the table." Between the lines: Progressive advocates have pushed for years for the federal government to use power under a 1980 law to "march in," take over the patent of a drug and license it to other manufacturers as a way to lower the price. Even the Obama administration rejected the idea, a sign of how extraordinary any move by the Biden administration would be. Then-NIH director Francis Collins wrote in 2016 the power was meant to be used in instances like when a drug is in short supply, not when it simply has a high price. The federal government narrowed the circumstances under which it could assert the rights for some prospective COVID-19 drugs. What they're saying: "We will continue to explore every option we have," Becerra told reporters when asked about march-in rights. "We've never taken anything off the table. And we will work on every one of those aspects of lowering drug prices. Why don't I leave it at that?" Be smart: It would be a major shock if HHS actually went through with using march-in rights, especially because Congress just took action on drug pricing. But it's notable that Becerra isn't ruling out the idea, and is content to at least let the threat linger. Go deeper.     2. More than 2.5M youth used e-cigarettes in 2022 E-cigarette products sit on a store shelf on Oct. 12, 2021. Photo: Joe Raedle/Getty Images   More than 2.5 million youths in the U.S. currently use e-cigarettes, the Food and Drug Administration and the Centers for Disease Control and Prevention project, Axios' Ivana Saric writes. The majority are drawn to flavored products, with seven in 10 surveyed reporting they use fruit flavors. Why it matters: "Adolescent e-cigarette use in the United States remains at concerning levels, and poses a serious public health risk to our nation's youth," Brian King, director of the FDA's Center for Tobacco Products, said in a statement. By the numbers: In 2022, an estimated 14.1% of high school students and 3.3% of middle school students reported vaping. Among current users, 42.3% reported using e-cigarettes frequently. Zoom in: Puff Bar was the most commonly reported brand used in the past 30 days by both middle and high school students (30%). Other brands included Vuse (23.6%), Juul (22%), Smok (14%), Njoy (8%), Hyde (7%), and Blu (7%).     3. Medicare Advantage star ratings fall Illustration: Sarah Grillo/Axios   Medicare administrators released Medicare Advantage plan star ratings Thursday, revealing the average rating for the private plans has fallen compared to last year. Why it matters: The Medicare enrollment period kicks off Oct. 15 and roughly half of the 59 million eligible Medicare beneficiaries are expected to enroll in private Medicare plans. The ratings, which are based on 38 performance and quality measures, are meant to guide seniors to the highest-performing plans — but can also have a big financial impact on insurers. State of play: According to CMS, the average rating across all plans is 4.15 out of a possible 5 stars for next year. That's down from 4.37 in 2022 and 4.16 in 2020. Between the lines: Ratings were expected to fall this year as CMS dropped relaxed pandemic-era criteria, Modern Healthcare reported. That includes scores that are more heavily weighted to consumer satisfaction, which could be problematic for many plans. The stars can also affect whether plans can be marketed throughout the year, rather than only during open enrollment, per Modern. Analysts have predicted the ratings changes could cause an $800 million impact on plans, per an analysis by McKinsey and Co.     A message from Johnson & Johnson MedTech Creating positive impact     Expectations in healthcare are changing — that's why Johnson & Johnson MedTech innovates and adapts to meet the needs of tomorrow. In 2021 alone, we helped 123.6 million patients in the U.S. work toward a healthier future. Explore the impact of J&J MedTech.     4. Quote du jour Chiquita Brooks-LaSure. Photo: Chip Somodevilla/Getty Images   "I think that the companies will be just fine." — CMS administrator Chiquita Brooks-LaSure responding to a question Thursday about drug company concerns that there is a ceiling — but no minimum price — in the Inflation Reduction Act's new Medicare drug negotiations. Brooks-LaSure said the law ensures there will be a "healthy negotiation."     5. Dog of the week Jasper. Photo: Laurie Quinley   Meet Jasper, a petite and lovable Yorkie who lives in Turlock, California, with his human Laurie Quinley. "Jasper is quite an amazing gopher hunter," Quinley said. "He will tenaciously dig in a hole, barking the whole time, trying to catch one. Believe it or not, he actually has caught one several times!" 1 fun thing: Dogs aren't just terrific companions, they can help us better understand human diseases. It's leading researchers from both the clinical and veterinary fields to increasingly team up, according to a feature in Nature.     A message from Johnson & Johnson MedTech Creating positive impact     Expectations in healthcare are changing — that's why Johnson & Johnson MedTech innovates and adapts to meet the needs of tomorrow. In 2021 alone, we helped 123.6 million patients in the U.S. work toward a healthier future. Explore the impact of J&J MedTech.   Editor's note: The third story in yesterday's newsletter had an incorrect data visualization with it. Here's the story with the correct visual if you'd like to check it out. 👋 Thanks for reading Axios Vitals, and to senior editor Adriel Bettelheim and senior copy editor Bryan McBournie. Please ask your friends and colleagues to sign up. Why stop here? Let's go Pro. 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