[Congressional Record Volume 166, Number 36 (Monday, February 24, 2020)]
[Senate]
[Page S1099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Prescription Drug Costs

  Madam President, I traveled up I-35 and was in Ft. Worth at the 
Northside Community Health Center to hear about an entirely different 
healthcare challenge, which is high prescription drug costs.
  I met with local healthcare professionals, advocates, and patients to 
hear about their experiences with these rising costs, and I have 
introduced legislation to address them. For example, we heard from 
Randall Barker and his daughter Emma, who both have diabetes. They need 
insulin. They told me that one bottle of insulin costs upwards of $281. 
Randall continues to make sacrifices to afford the lifesaving drugs he 
and Emma need to lead healthy lives.
  As I mentioned, to address the high costs of prescription drugs, I 
introduced a bipartisan bill with our colleague, Senator Blumenthal 
from Connecticut, called the Affordable Prescriptions for Patients 
Act. The purpose of the bill is straight forward: to stop drug 
companies from gaming the patent system to keep their profits high.

  Patents, of course, are granted for scientific innovations in order 
to encourage more of them. What happens under the period of a patent is 
that whatever the item is--in this case, a drug--that company reserves 
the right to sell it exclusively, without any competition, in order to 
recoup its costs and incentivize innovation when it comes to these 
drugs. But when companies game the system by establishing patent 
thickets--multiple patents used to unfairly block competition--this 
prevents new drugs, as well as competing drugs at a lower price, from 
entering the market.
  For example, the most widely prescribed drug in America is called 
HUMIRA. It has more than 120 different patents, for no real purpose 
other than extending that period of exclusivity as long as possible to 
continue to make money. In Europe, there are five competing products, 
but in America, there is only HUMIRA. That is a patent thicket. That is 
gaming the system, and it is hurting American consumers.
  I appreciate the support from healthcare providers and advocates and 
patients I heard from in Ft. Worth. They encourage us to get our work 
done sooner rather than later.
  I have come to the floor twice and asked unanimous consent to pass 
the bill. It was voted unanimously out of the Judiciary Committee. The 
Democratic leader blocked it both times. I hope he will reconsider his 
position. I am sure his constituents in New York would like a little 
bit of a break when it comes to prescription drug costs. I happen to 
think it has to do more with the upcoming election than it does the 
merits of the legislation.