Following Marshall & Kaine’s Bipartisan Push, Biden Administration Takes Step To Lower Prescription Drug Costs

Washington, D.C. – Today, U.S. Senators Roger Marshall (R-KS) and Tim Kaine (D-VA), members of the Senate Health, Education, Labor, and Pensions (HELP) Committee, released the following statements after the U.S. Department of Health and Human Services (HHS) withdrew its appeal of a recent court ruling that limited the use of harmful copay accumulators. Copay accumulators prevent copay assistance from counting towards a patient’s deductible or out-of-pocket maximum, which makes it harder for patients to afford their medications. Marshall and Kaine urged HHS to keep this ruling in place, which will result in lower costs for patients. 

“We appreciate the Biden Administration’s decision to abandon its appeal on a patient-fought and won court case that maintains access to life-saving medicine,” said Marshall. “Patient assistance programs help vulnerable Americans and families pay for specialty medications that treat chronic and rare conditions. Applying patient assistance towards deductibles and out-of-pocket costs has always been the law of the land. I’m relieved the Biden Administration won’t cause patients further trauma and uncertainty by challenging the court’s decision. I urge my colleagues to pass the bipartisan, bicameral HELP Copays Act and cement this victory.”

“As a member of the Senate Health, Education, Labor and Pensions Committee, lowering prescription drug costs for patients across America is one of my top priorities. I appreciate that the Biden Administration is taking this step to lower costs, which I pushed for alongside a bipartisan coalition of lawmakers. I urge HHS to adopt policies from the 2020 rule that limited the use of copay accumulators as quickly as possible,” said Kaine.

Marshall and Kaine have long fought to lower prescription drug costs. They introduced the bipartisan Help Ensure Lower Patient (HELP) Copays Act to protect patients from harmful insurance and Pharmacy Benefit Manager (PBM) practices that raise out-of-pocket drug costs. The senators introduced bipartisan legislation to lower drug costs and level the playing field for patients by prohibiting PBMs from making more money on high-cost drugs than they do from lower-cost drugs.