Millions of Americans face tough choices every day, deciding between paying for medications, rent, groceries or other essentials.
A patient whom I will call John, found it challenging to afford medication required for his heart condition.
Each month, he rationed his pills, taking less than the prescribed dosage to stretch his supply.
Despite having health insurance, the out-of-pocket cost for this brand-name medication was prohibitively high. John was trapped in the grasp of a pharmaceutical monopoly in which critical medications remain unaffordable, even when cheaper alternatives exist.
John’s experience is alarmingly common. For him and others, the Expanding Access to Low-Cost Generics Act of 2023 (S. 1114) could be transformative.
This legislation is a vital step toward making crucial medicines more affordable by eliminating anti-competitive tactics that hinder the introduction of generic drugs.
At its essence, the bill addresses a pressing issue—one that can cost lives. When patients are unable to afford their medications, they may skip doses, take lesser amounts than prescribed or stop their treatment entirely.
According to a 2021 survey by the Kaiser Family Foundation, nearly 30% of Americans didn’t take prescribed medications because of high costs. This leads to deteriorating health conditions, more hospitalizations and even fatalities.
Moreover, the effects extend beyond individual health. Delays in accessing generic medications contribute billions to the nation’s healthcare expenses annually, increasing insurance premiums and elevating costs for everyone.
Currently, brand-name pharmaceutical firms employ a strategy known as “parking” to retain market control and sustain high prices.
This delays the launch of the first generic drug to be approved for a specific brand-name medication, often for years, by negotiating with the brand-name producer.
While the initial generic receives 180 days of market exclusivity, it frequently agrees to delay its release in exchange for financial incentives. In the meantime, no additional generic versions can enter the market, forcing patients like John to pay the full price for their medication.
The Expanding Access to Low-Cost Generics Act of 2023 confronts this issue. Co-sponsored by Sens. Tina Smith (D-Minn) and Mike Braun (R-Ind), the bill aims to implement new regulations on the 180-day exclusivity period, preventing generic companies from procrastinating their market entry.
If the first generic manufacturer doesn’t launch its product within a specified timeframe, other generic competitors would be permitted to enter the market, disrupting the monopoly and lowering prices.
This straightforward and sensible reform would yield immediate and significant benefits. Guaranteeing that patients could quickly access affordable generic medications would lower healthcare costs and, more importantly, save lives.
Opponents of the bill argue that shortening the exclusivity period for brand-name drugs may hinder pharmaceutical innovation.
They assert that the profits from these drugs are critical for funding research and development (R&D) for new therapies. This argument is commonly employed to rationalize the exorbitant prices of patented medications.
The reality, however, is more nuanced. While R&D is undoubtedly essential, it shouldn’t come at the cost of patients’ lives. Pharmaceutical companies often allocate more funds to marketing and stock buybacks than to research.
Delaying access to generics does not foster innovation—it merely keeps affordable options off the market, extending corporate profits at the cost of patient health.
The Expanding Access to Low-Cost Generics Act strikes a delicate balance.
It maintains incentives for companies to develop new drugs while ensuring that once a patent expires, patients are not left waiting for years for affordable generics.
Increased competition from generics can motivate pharmaceutical companies to innovate, resulting in newer, more effective treatments instead of relying on outdated ones for profit.
The Expanding Access to Low-Cost Generics Act is not merely legislation—it’s a vital support system for millions of patients like John. Enacting this bill would decrease the costs of vital medications, lessen the financial strain on families and enhance health outcomes nationwide. However, achieving these results requires public backing.
Readers who wish to support this legislation should reach out to their Senators and urge them to support the Expanding Access to Low-Cost Generics Act of 2023 (S.1114). Public advocacy can significantly influence the passage of this essential legislation.
No one should have to choose between their health and financial security. The Expanding Access to Low-Cost Generics Act provides a genuine solution to the high costs of prescription drugs by removing detrimental market practices and fostering competition.
For patients like John and millions of others nationwide, this bill signifies hope—a pathway to a healthier life without the burden of unaffordable medication. Together, we can ensure that life-saving treatments are accessible to all.
Rachana Thapa is a nursing student at North Lake Campus. She wrote this op-ed as a requirement for RNSG-1441- 71002 (Common Concepts of Adult Health)