August 18, 2004

Special session on drug prices may be off

By Phil Kabler
Staff writer

Gov. Bob Wise appeared Tuesday to back off plans to call a legislative special session to deal with high prescription drug costs this year.

Asked whether he will call a special session before the end of the year to act on measures to control rising prescription drug costs, Wise said it’s a “possibility.”

“I don’t know if there will be a special session,” he added.

That’s a dramatic change from Wise’s comments when the Legislature passed the landmark Pharmaceutical Availability and Affordability Act of 2004 in March.

The law created the state Pharmaceutical Cost Management Council, which is to recommend ways to save money on prescription drugs by Sept. 15.

In March, Wise said he planned to call lawmakers to Charleston to act on the council’s recommendations before the November elections.

“We will go the Legislature as soon as possible,” the governor said at the time. “We’re going to be as aggressive as we can to implement this.”

On Tuesday, Wise ruled out taking up the recommendations of the 11-member pharmaceutical panel next month, when he is expected to call a special session for flood relief funding. That session is likely to follow the monthly legislative interim meetings, scheduled for Sept. 19-21.

“You need to give the Legislature time to digest it,” Wise said of the council’s recommendations for lowering prescription drug costs. “My sense is, it will be pretty complex.”

The council is expected to vote on the first of its cost-savings proposals on Aug. 24.

Wise said members of his administration have been negotiating with drug manufacturers separately to come up with cost-savings agreements for the state.

“The Pharmaceutical Council is running on one track, and I’ve been working with my administration as well in other areas,” Wise said.

Wise said the negotiations with drug company representatives have been productive.

Delegate Don Perdue, D-Wayne, a pharmacist and one of the architects of the legislation, said Tuesday he was disappointed but not entirely surprised by Wise’s comments.

“Delay is death to this legislation,” Perdue said. “If it’s delayed very much, the drug industry will flex its muscles.”

If Wise declines to call a special session, the council’s recommendations would be on the legislative agenda for the 2005 regular session, beginning in February.

Under the act, the full Legislature can either approve or reject the council’s recommendations. If it rejects the council’s proposals, the Legislature would then have to approve or reject a statewide drug-pricing schedule based on the deeply discounted Federal Supply Schedule.

Perdue said he is convinced that if the Legislature puts off acting on the council’s recommendations until February, drug industry lobbyists will be able to derail the council’s work.

“The drug industry, especially Mr. [Phil] Reale, their local lobbyist here, has done a real good job of muddying up the waters enough so that people are afraid to dive in,” Perdue said. Reale was chief of staff for former Gov. Gaston Caperton.

To contact staff writer Phil Kabler, use e-mail or call 348-1220.