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       CONGRESSIONAL BUDGET OFFICE                              Keith Hall, Director
       U.S. Congress
       Washington, DC 20515






                                   May 17, 2019


Honorable Chuck Grassley
Chairman
Committee on Finance
United States Senate
Washington, DC 20510

RE: Negotiation Over Drug Prices in Medicare

Dear Mr. Chairman:

You asked for updated answers to two questions that CBO addressed in a letter to Senator
Wyden in 2007.1 Those questions relate to the Medicare Part D prescription drug benefit
and options for allowing the Secretary of Health and Human Services to negotiate over
the prices paid for drugs under that benefit. Under current law, the Secretary is prohibited
both from interfering in the negotiations between drug manufacturers and the prescription
drug plans (PDPs) that deliver the Medicare benefit and from requiring a particular
formulary or instituting a price structure for the reimbursement of covered drugs.

The questions and the key conclusions from CBO's response in 2007 are below. CBO
continues to stand by those conclusions.

If the Secretary was given authority to negotiate by Congress and used that
authority, would it be possible to obtain savings in Medicare?

       The key factor in determining whether negotiations would lead to price reductions
       is the leverage that the Secretary would have to secure larger price concessions
       from drug manufacturers than competing PDPs currently obtain. Negotiation is
       likely to be effective only if it is accompanied by some source of pressure on drug
       manufacturers to secure price concessions. For example, authority to establish a


   1. Congressional Budget Office, letter to the Honorable Ron Wyden regarding drug price negotiation in
       Medicare (April 10, 2007), v wcb o ov/nublication/18550.

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