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March 29, 2024

New Maryland statute regulates big Pharma

By AVERY GULINO | October 12, 2017

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PUBLIC DOMAIN EpiPens are one vital drug that have soared in price over the years.

To those who suffer from allergies, EpiPens, or epinephrine injections, are the difference between life and death. Yet many families without health insurance have to take the risk, because they cannot afford EpiPens, which can set a family back anywhere from $300 to $630 just for a pack of two.

EpiPens are not the only incredibly vital drug that has soared in price over the last few years. The average market price of doxycycline hyclate, a powerful antibiotic that can combat pneumonia and lyme disease, has skyrocketed from $20 to $1849. In other words, the price increased by more than 1,800 percent in only six months.

State and local governments around the country have taken notice of these gross markups and are working to prevent them in order to make medicine available to those who need it.

In Maryland specifically, lawmakers have been working to enact a law that will allow the state to sue a drug company if it increases the price too drastically.

Maryland is now the first state in the nation to implement a law regulating these prices. According to this new law, the state of Maryland can investigate cases where a drug has undergone a significant price increase. Under the new statute, if a company raises the price by over 50 percent within a calendar year, then it can be sued.

The attorney general may ask the company to justify the price increase. If the justification is unsatisfactory, then the company may need to pay a fine of up to $10,000, which is still an unfortunately diminutive amount compared to what the large pharma companies are worth.

This action is a step forward for many citizens around the country who rely on antibiotics and speciality treatment drugs that they cannot afford.

Now these price increases may be prevented in Maryland.

This law went into effect Oct. 1, and may be one of many laws that will eventually call for national action to penalize companies with nonessential price increases.

Other states, such as Massachusetts, Tennessee, Montana and Rhode Island, have taken similar measures to discourage price increases.

California appears to also be close to a new law, as there is currently a bill that requires pharmaceutical companies to notify the government whenever they make a price increase of over 16 percent within two years.

In order to allow increases to occur, companies are also required to justify these increases.

The Maryland law has set the precedent in this arena. In a statement to The Washington Post, Ellen Albritton, a senior policy analyst at Families USA, commented on the innovative approach.

“States are looking at how to replicate [this law] and how to expand on it,” Albritton said.

Soon these small bills may answer the national call of affordable health care and lower the cost of so many desperately needed drugs.


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