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Letter to the Honorable Debbie Stabenow 1 (April 2007)

handle is hein.congrec/cbo9301 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE                              Peter R. Orszag, Director
U.S. Congress
Washington, DC 20515
April 16, 2007
Honorable Debbie Stabenow
United States Senate
Washington, DC 20510
Dear Senator:
This letter responds to your question about the effect that changes to Part D of the Medicare
program would have on drug pricing for other purchasers, including the Medicaid program, the
Department of Veterans Affairs (VA), and private purchasers. As a general rule, any effects on
non-Medicare purchasers of drugs would depend on the specific changes made to Part D and the
extent and nature of their impact on Medicare spending.
The Congressional Budget Office (CBO) anticipates that S. 3, the Medicare Prescription Drug
Price Negotiation Act of 2007 (as reported by the Finance Committee on April 13th), would not
have an effect on drug prices for other purchasers. That bill would repeal section 1860D-11(i) of
the Social Security Act, which is commonly known as the noninterference provision because it
prohibits the Secretary of Health and Human Services from interfering in the negotiations
between drug manufacturers, pharmacies, and sponsors of the prescription drug plans that deliver
the Part D benefit. CBO anticipates that simply removing that provision would have a negligible
effect on Medicare spending across a broad range of drugs and would not have an effect on drug
prices paid by other purchasers.
By contrast, Part D could be modified to include a best price system similar to the one used by
the VA and Medicaid. As I indicated during the Finance Committee's deliberations, CBO would
expect such a change to generate significant cost reductions for drugs purchased under Part D.
Such an approach, however, would put upward pressure on prices paid by the VA, Medicaid, and
private purchasers. Medicaid and the VA are required by law to receive price discounts that at
least equal the largest private-sector discounts that drug manufacturers provide. Expanding that
requirement to the Medicare benefit, which accounts for a larger share of total drug spending,
would encourage drug manufacturers to reduce the private-sector discounts on which the VA's
and Medicaid's prices are partially based; that effect would probably offset a small share of the
expected savings for Medicare.
The expected effects of other proposals that result in cost savings for Part D would vary. The
more direct the connection is between pricing under Part D and prices paid by the VA and
Medicaid (or the private-sector prices on which discounts for the VA and Medicaid are based),
the more upward pressure would be placed on VA and Medicaid prices. Approaches that yielded
savings for Medicare but did not link Part D prices to the prices paid by other purchasers would
not be expected to have an effect on those other prices. 5. 3 would not establish any such

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