Groups advocating for New York retirees are backing a State Legislature bill requiring drug manufacturers to notify officials of any “pay-for-delay” actions preventing a brand-name medication from becoming a lower-cost generic drug. Senate Bill 488 would require drug-makers to inform the state of any steps they take to maintain brand-name status after the patent on a drug is scheduled to expire. For many Medicare patients, the price difference between a brand-name drug and its generic equivalent is substantial.
Mike DeFilippo, a retiree from Staten Island, said for one medication he needs, the cost difference can be overwhelming.
“Under the current insurance that I have now, it would be costing upwards of $900 for just a 30-day supply. It was beyond my budget,” he explained.
When a drug company’s patent expires, other companies can sell it as a generic or “bioequivalent” drug, often at a considerably lower price. However, some drug companies spend millions lobbying federal officials to extend the patents, keeping generic versions off the market. Backers of the legislation say it’s designed to make that process public.
DeFilippo added that he and other seniors have teamed up with AARP New York to take their demands for lower prescription prices to state lawmakers. However, he says he was disappointed in the results of their efforts.
“I had gone to Albany last year, where there were many pieces of legislation that were being considered to lower drug costs,” he continued. “It was very troublesome as to why New York State would not put something similar in law.”
If the bill becomes law, the information would be posted on the New York Attorney General’s website, showing which ones are delayed, the diseases they treat, and the duration of the delay. Backers hope the transparency would help consumers and taxpayers understand how long they’ll be paying higher prices for brand-name drugs.
Edwin is a reporter and producer in North Tonawanda, New York. He’s previously reported for the Niagara Gazette and the Ithaca Times. Edwin got an early start in radio interning for WBFO-88.7FM, NPR’s Buffalo affiliate. In 2018, he graduated from SUNY Buffalo State College with a B.A. in Journalism, and in 2022, graduated from Syracuse University with an M.S. in Communications.