The U.S. Department of Health and Human Services earlier this fall released a proposed rule to require certain direct-to-consumer (DTC) advertisements to disclose pricing information. In particular, the rule would require DTC advertisements for drugs or biologics available via Centers for Medicare and Medicaid Services (CMS) administered health programs to feature the list price for that product via Wholesale Acquisition Cost (WAC) for a typical course of treatment. The proposed rule would apply to products available via Medicare Parts A, B, C and D, as well as state Medicaid programs. Treatments with a list price less than $35 for a typical course of treatment would be exempted from the disclosure requirements. The rule also proposes that CMS keep a public list available for advertisements found in violation of the disclosure requirements.

BioNJ believes that Patients should have all the information necessary to be as informed as possible. Unfortunately, we believe the proposed rule would not serve its purported purpose of arming consumers with additional information on prescription drug prices. Instead, the proposed rule could serve as a deterrent to Patients accessing the right treatment at the right time.

 

Click here for BioNJ's submitted comments regarding the DTC proposed rule. We would encourage BioNJ Members with interest in this important issue to consider submitting their own comments. Comment submissions are due on www.regulations.gov by 11:59 p.m. on December 17. Please click  here to submit comments or for additional information on the proposed rule.  Please contact John Slotman, BioNJ's Vice President, Government Affairs,  at [email protected]   or 609.890.3185 with questions.