Joco Today

Washington, D.C. – The Biden Administration has taken a significant step towards lowering prescription drug costs by withdrawing its appeal of a recent court ruling that limited the use of harmful copay accumulators. This decision has been applauded by U.S. Senators Roger Marshall (R-KS) and Tim Kaine (D-VA), both members of the Senate Health, Education, Labor, and Pensions (HELP) Committee.

The court ruling in question restricts copay accumulators, which prevent copay assistance from counting towards a patient's deductible or out-of-pocket maximum. This often makes it difficult for patients to afford their medications. Sens. Marshall and Kaine had urged the U.S. Department of Health and Human Services (HHS) to keep this ruling intact, as it would result in lower costs for patients.

"We appreciate the Biden Administration's decision to abandon its appeal on a patient-fought and won court case that maintains access to life-saving medicine," said Sen. Marshall. "Patient assistance programs help vulnerable Americans and families pay for specialty medications that treat chronic and rare conditions. Applying patient assistance towards deductibles and out-of-pocket costs has always been the law of the land. I'm relieved the Biden Administration won't cause patients further trauma and uncertainty by challenging the court's decision. I urge my colleagues to pass the bipartisan, bicameral HELP Copays Act and cement this victory."

Sen. Kaine, a member of the Senate Health, Education, Labor, and Pensions Committee, also commended the Biden Administration's action. "Lowering prescription drug costs for patients across America is one of my top priorities," he stated. "I appreciate that the Biden Administration is taking this step to lower costs, which I pushed for alongside a bipartisan coalition of lawmakers. I urge HHS to adopt policies from the 2020 rule that limited the use of copay accumulators as quickly as possible."

Both Sen. Marshall and Sen. Kaine have been long-time advocates for lowering prescription drug costs. They introduced the bipartisan Help Ensure Lower Patient (HELP) Copays Act, aiming to protect patients from harmful insurance and Pharmacy Benefit Manager (PBM) practices that raise out-of-pocket drug costs. Additionally, the senators have introduced bipartisan legislation to level the playing field for patients by prohibiting PBMs from making more money on high-cost drugs than they do from lower-cost drugs.

This move by the Biden Administration and the efforts of Sens. Marshall and Kaine reflect a commitment to addressing the issue of high prescription drug costs in the United States. By withdrawing the appeal and supporting legislation that protects patients, they are taking tangible steps towards ensuring that Americans have access to affordable medications.