Published – CommPRO.biz 2013.10.18

Shortages That Kill

It seems that every time we try to get something right, some scumbag figures out a way to game the system. While this fact of life is annoying wherever it shows up, it’s deadly when it rears its viperous head in life and death situations. So it is with generic drugs. Once we get past the inflated profits Big Pharma reaps -based on the phonied-up costs to develop a truly new drug- our expectation is that generic versions will serve us at reasonable costs.

We know all about the inexplicably legal game Big Pharma plays where they get to pay off the generic manufacturers to hold off production until they can squeeze the last drop of bloated profit out of the original patented version. As if that isn’t bad enough, it turns out there’s another equally ridiculous legal loophole allowing drug buying groups to bribe their way to higher profits at a cost of billions (out of our pockets) and -more important- at the cost of life itself.

This situation, according to published reports from medical and pharmaceutical practitioners, has its roots in 1987. You remember the “eighties” when “K” Street lobbyists seemed able to write any crazy thing into a law and find one of those we elected to serve us, willing to serve their special interest – for cash. Well, in 1987 Congress passed the “Medicare Safe Harbor Act” giving pharmaceutical buying groups a get-out-of-jail-free card to take vendor kickbacks (AKA bribes).

Since then these huge entities have controlled the manufacturers of generics that are mostly injectables used in hospital settings, antibiotics, pain meds, chemo drugs and anesthetics among others. These buying groups have in some cases limited manufacture to a single company. They have driven pricing so low, that eventually no competitors to their “Favored One” are left standing.

How are low prices bad for us? When a dominant buyer is able to drive pricing below the level of reasonable profits for the producers, there is no longer a truly competitive marketplace. That’s exactly what’s happened in the generic pharma world, resulting in unacceptable and dangerous shortages. A buying group source claims that they “encourage the free market by competitive bidding and multiple rewards for the best supplier performance.” We are with him until the multiple rewards part (sounds like bribes to us).

All of this was thought to be addressed in a 2012 law. Instead by mid-2013 drugs in short supply had soared from near two hundred to near three hundred, a fifty percent surge in one year. How did that happen? While we have no details, we’re betting it had to do with the buying group lobbyists. While we don’t pick up these drugs from our family drug store, we all have a vital stake. It is past time for this perverse law, the innocent sounding 1987 “Medicare Safe Harbor Act,” to have its quarter century of greed driven rule brought to an end. It is time to restore ethics and a true free market to this vital healthcare sector.