(11/8/97 Baltimore AFRO-American Newspaper)
by Congressman Elijah E. Cummings
In the last year and a half, I have been approached on several occasions by constituents asking if there was anything I could do to lower the cost of medications.
Many of the people I have spoken to tell horror stories of having to spend thousands of dollars each year on medical prescriptions for diseases such as cancer, diabetes, hypertension, and AIDS.
Pharmaceutical companies work very closely with the Federal Drug Administration (FDA) to create and develop drug treatments for many of the diseases which plague society.
All medications must undergo years of rigorous testing by the FDA before they are allowed on the market for consumer use. As a trade-off for this government oversight, the FDA and the National Institutes of Health (NIH) have given drug companies a huge and profitable gift for their patience.
When a drug receives FDA approval, no other company can develop or receive approval for distribution or production of a similar medical treatment or drug for 10 years. The government believes that this market exclusivity allows the drug companies to recoup millions of dollars they have lost during the long wait for FDA approval. Unfortunately, drug companies sell these drugs at elevated prices to make up for the money they have invested in research and development.
If you are receiving continuing treatment for a disease which requires you to use several prescriptions, you will be forced to purchase them at whatever cost the drug companies demand. They, in a real sense, are the "only game in town."
Companies which may develop a medication cheaper and, therefore charge less to the consumer, cannot do so because of this restrictive moratorium agreement between the government and large pharmaceutical companies.
As I looked further into this situation, I received word this week that a United States Senator has introduced legislation to add five years to the drug development ban. This legislation is supported by the pharmaceutical industry and strongly opposed by consumer and patient care groups across the country.
According to the General Accounting Office (GAO), to allow individual companies to have market exclusivity for 15 years will cost consumers more than $10 billion in higher drug costs.
For many of my constituents in Baltimore, access to quality health care is already limited. To purchase drugs for extended care often requires people to create a huge debt in order to receive the treatments which would save their lives.
The legislation being proposed does require drug companies to contribute 3 percent of their royalties from the new drug sales to the NIH. However, according to the GAO, that contribution would represent less than 1 percent of the added cost patients would have to pay. Additionally, it is expected that these drug companies will simply pass on their "required contribution" to consumers in the form of even higher prescription and treatment costs.
Seniors and young children appear to be the groups most harmed by this continued ban on drug production and distribution because diseases associated with childhood and growing older usually require long-term care.
I am opposed to increasing the market exclusivity ban afforded to pharmaceutical companies and will work to make sure that it is defeated in the United States Congress.
Earlier this year I was outraged to discover that the tobacco company settlement I had initially supported contained a $50 billion loop hole which secretly allowed these companies to recoup their fines and expenses. The pharmaceutical industry should not be allowed a loop hole either.
People should have access to drugs and treatments which cure their diseases or, at least, improve their quality of life. Whether a person lives or dies should not depend on their ability to pay for health care or medical treatments. We are fortunate to live in one of the wealthiest countries in the world. It is time for us to make sure that all people are treated humanely especially when their health is involved. After all, what do you have if you do not have your health?
-The Honorable Elijah E. Cummings represents the 7th Congressional District of Maryland in the United States House of Representatives.