Steamed About a $15 Copay For Medication. Try $400,000 For Some Drugs.

Medical Justice solves doctors' complex medico-legal problems.

Learn how we help doctors with...

The genomics revolution is here. We are accumulating new information almost daily about how our genes cause various diseases. More importantly, the door is opening to new treatments. As we fine tune our diagnostic capabilities, we are discovering small groups of individuals who can be effectively treated, but at a very high cost. In that model, the cost is high because the development cost is high, as it is for all pharmaceuticals. But for these small groups, the cost cannot be spread out among millions of patients. “Specialty pharmaceutical companies” are racing to create and distribute these high priced treatments.

Here are a couple of examples. Pompe disease is a genetic disorder associated with an enzyme deficiency, resulting in progressive muscle weakening and early death. The good news is that Genzyme manufactures a treatment called Myozyme. Myozyme has been shown to improve ventilator-free survival in patients with infantile-onset Pompe disease compared to untreated historical controls. For an infant the yearly cost is estimated at $30,000. In an adult, more medication is needed, and, unless discounted, the cost could jump to over  $400,000 per year. The disorder is estimated to have an incidence of 1 in 40,000.

Next, paroxysmal nocturnal hemoglubinuria (“PNH”) is a condition associated with fracturing of red blood cells, anemia, pain, and assorted other side symptoms. Alexion produces a treatment, Soliris,  which is estimated to cost between $100,000 to $389,000 a year. It is unknown what the incidence of PNH is, but it is rare.

A mere decade ago, health insurers were exposed only tangentially to these risks and costs. The medications, if available, were expensive, but, few people were taking them. But, as the cohort of candidates for specialty compounds increases, the costs are starting to explode.

 

How have insurers responded? Some have tightened the criteria for eligibility. If the compound is FDA approved for a particular indication, the carrier will generally pay. But, it does not take much to pre-empt qualifying. For example, Pompe disease has been FDA approved for infants for years. Some carriers adopted the position that Myozyme was not approved for the adult variety. Several years later, the FDA granted its blessing for treating adults. But, insurers saved a bundle during that window.

 

This trend of expensive compounds to target well defined conditions will increase. And insurance carriers will need to determine if and how the cost can be passed on.

 

Insurance companies can limit their downside in a number of ways. The easiest way is to tighten criteria for eligibility.

 

Take, for instance, medicines that can cure hepatitis C.

 

Treatment with new drugs Sovaldi and Harvoni, the first reliable cures for hepatitis C, costs more than $94,000 per patient. The high price of Sovaldi drove Illinois Medicaid’s hepatitis C spending to $22 million for the fiscal year ending June 30, 2014, up from $6.7 million the previous year, according to the Illinois Department of Healthcare and Family Services.

Facing higher costs, Medicaid officials stopped paying for any but the sickest patients to get the new drugs, drawing criticism from some liver doctors who have said the state is preventing them from properly treating their patients.

 

The company that manufacturers Sovaldi justified its price by stating it’s much less expensive than a liver transplant. True enough. Statins are also less expensive than treating a heart attack, But statins are not priced similar to a one week stay in an ICU. And, we don’t reserve their use to people weeks away from a heart attack.

 

If specialty compounds are life saving, there will naturally be tremendous demand. Most individuals cannot afford annual six figure/year expenses. Hence, they have to qualify under an insurance plan, or beseech the specialty pharmaceutical company for mercy- provide the compound at low or no cost.

 

Here is the emerging conundrum for specialty pharmaceutical companies. If the insurance carrier will not pay, and the specialty pharmaceutical company turns its nose on price forgiveness, what is the rational sick person to do? Well, he might look for pharmaceutical analogues of “medical tourism.” Today, many do not think twice about having their hips replaced or heart valves replaced in India and Thailand, all at significantly discounted rates.

 

If the real cost to manufacture the life saving compounds pales in comparison to the U.S. retail rate, what would stop an “entrepreneur” in another country from setting up a manufacturing facility and selling Myozyme or Soliris for $20,000 a year? Typically, intellectual property law will protect the compounds. Well, that depends upon the country. If a poor country can build a reputation on pharmaceutical tourism, intellectual property protection might be a luxury they can discard. The next counterargument notes such compounds are hard to make and they are not bioequivalent to those produced in the US. But, if the compounds can be approximated, so what? The alternative is between a near-match and no-match. The global marketplace will determine if the drugs are effective. If not, the pharmaceutical tourism economy will dry up.

 

Of course the counterarguments continue…Surgical tourism is ordinarily a one-time event; whereas the specialty compounds need to be administered weekly or even daily. Most people would prefer to live in the U.S. rather than relocate to a third world country for treatment. Right? What if the patient makes his purchase abroad and then brings it back to the US. Isn’t that smuggling? Patients are typically allowed to bring back medications for personal use, but only if those drugs are not available in the US. The FDA frowns on bringing in medications that are available in the US, but less expensive overseas.

 

For someone who is ill, the stakes are high, and the value of the compound per gram is significantly higher than the traditional list price of illicit drugs- which seems to fin d a way into the US. And, are we really going to start arresting sick people because they smuggled in compounds to save their own life? I doubt it.

 

If there are enough sick people – priced out of saving their skin- there will be powerful incentives for pharmaceutical tourism or smuggling. This is the unintended consequence of quarter-million dollar compounds.

4 thoughts on “Steamed About a $15 Copay For Medication. Try $400,000 For Some Drugs.”

  1. Acyclovir cream at a family-owned independent pharmacy used to cost about $25. Now it is over $400.
    There was a recent editorial about generic drugs’ astronomical new prices in NEJM.

    In addition to smuggling etc. this will cause some patients to merely not get what they need.

  2. The problem is significantly complex–as opposed to merely complicated. Here are most of the things that go into pricing drugs:

    1. It’s very tough to hit a home run on a drug. Most don’t work in the form in which they are initially tried, so just the research and development cost to find a novel drug is high. In addition to working (efficacy), they also have to be relatively non-toxic, which leads to…

    2. Proof of both of these criteria: effective and safe. Just to get this far costs a lot of bucks, particularly if you consider the costs of the dead ends. Once you’ve proven these…

    3. Now you have to convince the FDA that you’re right. By this time, you can submit the phase 1 data (safety in animals) and request approval to go the phase 2: dose escalation trials. These typically take a couple years, at best. If you’re a pharmaceutical company, that means you don’t have the money–or its time value–for that period.

    The FDA is not easy to persuade; it can take months to years to accomplish that miracle.

    4. Now you get to prove efficacy, usually done by a prospective, randomized, double-blind experiment in which neither the patient nor the experimenter knows which drug the patient is getting. And finally…

    5. You now tot up the results to see whether the drug is both safe and effective.

    What surprises me is the price tag : Why is it so low?

    Joe Horton

  3. Dr. Horton is again correct. Orphan drugs and others that have a limited market value for big pharma are a dead end for them.
    Let’s use the new (oral drug) for Gaucher’s disease as an example. The drug most frequently used is given IV. This is usually covered by insurance for that reason. (Somehow it’s easier to make the argument that IV drugs should be covered, because they are most frequently administered in or by a clinic or hospital).

    The new oral drug is in a gray area for insurance because it is not injected IV. Now sit down. A typical year treatment for both is over 360,000 dollars. Since Gaucher’s disease also occurs in children, the cost is astronomical.

    WHO WILL PAY?

    Surely not the patent. As I see it, this all comes down to Government. Government can pay in a number of ways, on either or both sides. Government can offer significant tax breaks and outright money towards orphan development, and on the other side, pay for the treatment.

    Big pharma is always on the lookout for another effective ED drug or a weight loss drug that won’t kill the patient. These drugs give big pharma wet dreams. But if they decide to go orphan-drug, ultimately they expect Government to pay. Their business model is flaky as it is, without even factoring in the mega salaries of their CEO’s.

    The one certainty of this equation is simple:
    Unless Government pays, orphan drugs and the patients who need and depend on them will whither on the vine and die.

    Michael M. Rosenblatt, DPM

  4. I need to push back on the notion that the “average drug” drug costs 1-2 billion dollars to come to market.

    The reason drug development costs so much is because so many pharmaceuticals have such limited efficacy over existing treatments that phase 3 studies have to be powered with 4,000 patients to demonstrate a statistical effect.

    Pharmaceuticals that are truly innovative and efficacious do not require such numbers for FDA approval.

    Regardless, the drug to treat hepatitis C is a game-changer. It is effective. But, it’s expensive and will treat a condition that is prevalent. It is not an orphan drug because the target population is so large.

    However, with such a high price tag, it will be rationed. The manufacturer could lower the cost and make it available to a larger cohort- and make even more money. Instead, with the price so high expect counterfeit drugs and pharmaceutical tourism. Human nature doesn’t change.

Comments are closed.

Jeffrey Segal, MD, JD
Chief Executive Officer & Founder

Jeffrey Segal, MD, JD is a board-certified neurosurgeon and lawyer. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country's leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Subscribe to Dr. Segal's weekly newsletter »
Latest Posts from Our Blog