Elements of Policy Platform—the CREATES Act and “Purple Book” Transparency—Advance Through Congress; Large Issues Remain on Table for 2020

WASHINGTON, D.C. – Employers’ Prescription for Affordable Drugs (EmployersRx) applauded Congress for including the Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act and portions of the Biologic Patent Transparency Act in an omnibus government funding package announced this week. EmployersRx welcomed this legislation and encouraged lawmakers to continue negotiation on comprehensive, transformative legislation that can lower drug costs.

By passing bipartisan measures like the CREATES Act, Congress is signaling a willingness to use competition, value and transparency to bring down drug prices for employers and American families. While these provisions are certainly a step in the right direction, the Congressional efforts to lower drug prices are nowhere near complete–and EmployersRx will strongly advocate for passage of major drug cost reform in the health care legislation that Congress will develop early in 2020. The coalition looks forward to continued collaboration with Congressional leaders and innovative employers to achieve actionable, large-scale relief on prescription drug prices for millions of Americans.

The inclusion of the CREATES Act in the year-end government funding package will ensure that generic manufacturers have access to proper samples of brand name drugs, a critical step to complete FDA testing. The CREATES Act was passed by the House in May of 2019, and previously passed in the Senate Judiciary Committee in June of 2018.

The omnibus legislation also includes key provisions of the Biologic Patent Transparency Act, which requires public disclosure of the web of patents that protect branded biologics. These measures would encourage competition by cracking down on late-filed patents and codifying requirements that the U.S. Food and Drug Administration regularly publish vital information in its “Purple Book” of approved biologics.

To learn more about EmployersRx and view our policy platform of transparency, competition and value, visit EmployersRx.org.