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While Gov. Abigail Spanberger never signaled she would sign the proposed Prescription Drug Affordability Board, the bills’ patrons Del. Karrie Delaney, D-Fairfax, and Sen. Creigh Deeds, D-Charlottesville, had communicated with her during this year’s legislative session as they workshopped their proposal in hopes to get her approval.
Should they be signed into law, the bills would establish an advisory panel to examine data and ensure federal drug pricing caps are applied to state-regulated health insurance plans.
The governor is now seeking amendments before she is fully on board with the idea. Advocates, however, caution that Spanberger’s proposed reenactment clause, one of the amendments, prevents the bill from having the cost-savings teeth it was created to have.
Another amendment removes language mirrored after federal legislation aimed at curbing drug prices. Modeled after federally-approved cost reductions to certain drugs for Medicare recipients, Delaney has described her bill as “simply extending that.”
Federal approvals already apply to 10 drugs since the beginning of this year and another 15 are expected to take effect next year.
A five-year journey to the finish line, the Prescription Drug Affordability Board proposal evolved along the way and picked up stronger bipartisan support. The original idea had been to create a board that could directly set caps on prices, similar proposals have stalled or been subject to legal challenge in other states.
While those proposals were sometimes subject to the turnover of gubernatorial administrations putting the brakes on matters, others have faced pushback from drug manufacturers in courts — garnering Spanberger’s hesitancy in the past.
Though Republican lawmakers with pharmaceutical backgrounds had once opposed the bill, they ended this year’s main legislative session expressing their support and backing it with their votes.
Freedom Virginia director Rhena Hicks, whose organization has advocated for the bill for years, called it “the result of great compromise and dedication” and said that Spanberger’s amendments “nullify” it.
Deeds said he does not support the amendments, so it may be likely the bill gets returned to Spanberger to consider signing as it came to her.
Lawmakers will reconvene in the Capitol on April 22 and 23 to review amendments to legislation, potentially challenge vetoes and finalize the state budget.
