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The leaders in the effort to reduce the cost of prescription drugs in Maryland are expressing alarm that Gov. Lawrence J. Hogan Jr. (R) may be planning to ignore key components of a new state law.
The legislation creating a Prescription Drug Affordability Board passed the General Assembly with solid majorities 鈥� including a vote of 46-0 in the state Senate.
The measure took effect on July 1, and legislative leaders and the attorney general聽聽to serve on the five-member board.
But the governor has yet to name his designated appointee to the board. And he has refused to release the $831,900 that the legislature included in this year鈥檚 budget to get the panel launched, opting instead to search for existing Department of Health resources.
鈥淚 don鈥檛 understand why he wouldn鈥檛 fund it, when the appointments have been made,鈥� said Del. Joseline Pena-Melnyk (D-Prince George鈥檚 and Anne Arundel), chief House architect of the bill. 鈥淚鈥檓 really surprised, because if he wanted [the board] to be part of the Health Department, why didn鈥檛 he testify during the hearings?鈥�
Hogan didn鈥檛 sign Pena-Melnyk鈥檚 bill, , or its Senate companion, SB 759, but he did allow them to become law without his signature. During his April trip to New Hampshire, when he was contemplating a bid for president, Hogan touted the measure during a聽.
Maryland鈥檚 push to create a system capable of forcing reductions in medications deemed too expensive 鈥� without triggering antitrust issues 鈥� is being closely watched by other states and the pharmaceutical industry. Drug manufacturers spent more than half a million dollars to lobby against the measure in 2018 and 2019.
The bill creates a process where experts can analyze聽high-priced聽drugs to聽determine whether the聽consumers and insurance plans聽are being fleeced.
Several county executives 鈥� including one Republican 鈥� and a host of religious and community聽leaders spoke out in favor of the legislation during this year鈥檚 session. Several said their health plans were being hit hard by a relatively small number of high-cost medications, including some that had recently spiked in price for no discernible reason.
Pena-Melnyk said lawmakers took pains to give the Prescription Drug Affordability Board the independence to pursue its work. The bill calls the panel 鈥渁n independent unit of State government.鈥�
鈥淭he board is supposed to be independent. I know because I helped draft it,鈥� she said. 鈥淚t is free of the politics and craziness. It鈥檚 in the bill. We did it purposely.鈥�
Vincent DeMarco, head of the Maryland Citizens Health Initiative, a chief backer of the bill, is hopeful Hogan intends to use existing Health Department funds to get the drug board on its feet and to allow the executive director to hire staff.
鈥淭hat would be great,鈥� he said. Staffing the board with existing personnel, however, instead of with its own executive director, 鈥渨ould clearly be bad policy and 鈥� I believe 鈥� illegal.鈥�
鈥淭he statute says very explicitly the board is independent and the board chair 鈥榮hall hire an executive director, general counsel and staff,鈥欌�� he added. 鈥淚t can鈥檛 be more clear than that.鈥�
Michael Ricci, Hogan鈥檚 communications director, was asked if the governor intends to release the fiscal year 2020 funds 鈥� and to allow the board to function independently. He suggested that Hogan and the legislature aren鈥檛 as far apart as some lawmakers are suggesting.
鈥淭he governor agrees this is an important endeavor, which is why we are working with our Health Department to stand up the board without the need for new taxpayer funding,鈥� Ricci said in a statement.
The governor and legislature are involved in a standoff over a host of budgetary issues.
But Pena-Melnyk expressed dismay that the governor would skirmish over the legislature鈥檚 push to provide cost savings to consumers who take prescription medications.
鈥淚t鈥檚 a no-brainer,鈥� she said, 鈥渂ecause it鈥檚 an issue that everyone is concerned about.鈥�
鈥淣ot everyone has the health care that the governor has or that I have. Our constituents want this. They want relief,鈥� she added. 鈥淚 wonder if someone got to him.鈥�
