Premier Offers Recommendations to Foster Innovation, Competition and Affordability in the Drug Marketplace

Premier submitted comments to the United States Patent and Trade Office (USPTO) and Food and Drug Administration (FDA) on a request for comments to address the rising cost of pharmaceuticals and help ensure that the patent system, while incentivizing innovation, does not also unjustifiably delay generic drug and biosimilar competition beyond that reasonably contemplated by applicable law. In its comments, Premier reflects on the legislative barriers to innovating within our current healthcare system and opportunities for action to foster innovation, competition and affordability. Specifically, Premier’s comments focus on three areas:

• Deterring anticompetitive behaviors in the pharmaceutical marketplace to lower drug prices;
• Revising Stark and anti-kickback laws to include drugs and support the movement to value-based care; and
• Collaborating across Congress and Federal agencies including the Federal Trade Commission (FTC), Department of Justice (DOJ), Centers for Medicare and Medicaid Services (CMS) and others to ensure a holistic approach to fostering innovation while holding bad actors in the space accountable.