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http://www.newsday.com/news/health/ny-vpkre042809291aug04.story

 

 

PRESCRIPTION DRUG BENEFITS

 

Lobbies Force A Bitter Pill

The drug industry has a lock on Congress, and most of us don't realize how

bad Medicare is

By Vikki Kratz

Vikki Kratz is an investigative reporter at The Center for Responsive

Politics, a non-partisan research group based in Washington, D.C., that

tracks money in politics.

 

August 4, 2002

 

This week, as senators head back to their home states for August recess,

they'll blame each other for the failure to pass a prescription drug benefit

for the elderly this year. Don't be fooled. While it's true that an

ideological divide - Republicans want a private benefit, Democrats want a

government one - kept them from reaching a compromise, another, more

powerful force was also working against the bill: the pharmaceutical

industry.

 

One of the most powerful lobbying groups on Capitol Hill, drug manufacturers

have always been a top industry when it comes to giving campaign

contributions. During the 2000 presidential elections, when a drug benefit

for Medicare recipients was the issue du jour, the industry gave more than

$19 million in contributions, 77 percent to Republicans. George W. Bush was

the top recipient, taking in nearly $300,000.

 

This time around, with mid-term elections only a few months away, the

industry has stepped up its giving, contributing $12 million so far in the

2002 election cycle, 77 percent to the GOP. That's already significantly

more than the $8.8 million the industry gave during the last mid-term

elections in 1998, when talk of a Medicare benefit was also being bandied

about.

 

The amounts are impressive, but even more important to the industry's

success at derailing legislation is its timing. Last June, when the House

was debating its prescription drug plan, half a dozen drug companies helped

sponsor a record-breaking GOP fundraiser the same week. The gala evening

netted $30 million for the Republican party. President Bush headlined the

event and during his speech, he singled out the chief operating officer of

GlaxoSmithKline to thank him for the company's $250,000 soft money

contribution. The industry's trade association, the Pharmaceutical Research

and Manufacturers of America, also gave $250,000 that night. Pfizer gave

$100,000. Eli Lilly and Bayer each gave $50,000.

 

A week later, when the House passed a prescription drug bill, it had

everything the industry wanted. The bill bunted the Medicare benefit to the

private sector, keeping it out of government hands. More importantly, the

bill barred the government from setting price controls or interfering with

the price negotiations between drug companies and private insurers,

virtually assuring that the cost of prescription drugs will continue to go

up, not down. How did that happen? Because lobbyists for the pharmaceutical

industry helped the congressmen write the bill. Then they all sat down to

dinner at the GOP fundraiser.

 

Not only does the industry know when to give, it knows whom to favor. The

industry's predilection for favoring Republican congressional candidates has

long held it in good stead, no matter who occupies the White House. Back in

1999, when President Bill Clinton wanted to expand Medicare coverage, it was

the Republican-controlled Congress that held him back.

 

Last week, when the Democrats introduced their plan to add a benefit, they

couldn't garner the 10 extra Republican votes they needed to break the

deadlock in the evenly divided Senate. Forced to negotiate with Republicans

or go home to face their voters empty-handed, the Democrats dramatically

scaled back the size of the benefit to cover only the poorest Americans. But

even that wasn't enough to entice the 10 extra senators. Even if the

Democrats had managed to pass their bill, there was little guarantee it

would have survived the conference committee intact. The industry-backed

House plan was more to the liking of nearly all the Republicans and

President Bush, who has always favored a private sector benefit.

 

Even so, the pharmaceutical industry does not just stop at individual

corporate contributions. Two years ago, during the presidential election,

the industry turned to a time-honored tradition: the "grass-roots"

coalition, creating Citizens for Better Medicare, a group that generated $65

million in television and newspaper ads opposing the prescription drug

benefit. Members of the coalition, which read like a "Who's Who" of the drug

industry (including Merck, Bayer and Bristol-Myers Squibb), contributed $20

million to federal candidates and parties in 1999-2000. This year, the drug

industry teamed with the United Seniors Association, which represents 1.5

million older Americans. The association used a special "education grant" it

got from the drug industry to run a $3-million ad campaign in favor of the

industry-friendly bill the House eventually passed.

 

On the other end of the spectrum, the American Association of Retired

Persons, which with 35 million members arguably represents the elderly

population better than the United Seniors Association does, released a poll

in March that showed 80 percent of Americans over age 45 support a Medicare

benefit like the one in the Democratic plan. But AARP ran no ads. And while

the drug-industry trade association increased spending on lobbying from $7

million in 2000 to more than $11 million in 2001, AARP spent just $4 million

in both years. The AARP has no political action committee and gives no

campaign money to any candidates.

 

About 20 different lobbying shops now do work for the pharmaceutical trade

association, all of them with extensive ties to Congress. Among the recent

hires are former aides to Sens. Chuck Hagel (R-Neb.), Robert Kerrey (D-Neb.)

and Bill Frist (R-Tenn.). The organization even boldly hired Sonya Sotak,

Sen. John McCain's legislative assistant for health care issues, a month

before the Senate was due to take up McCain's bill limiting the legal

maneuvers companies can take against the marketing of generic drugs. Sotak,

who would have worked on drafting the generics bill, now has the job of

convincing members of Congress not to pass it.

 

Of course, campaign contributions and lobbying expenditures alone don't

determine the fate of legislation. If they did, then there would be no new

penalties for corporate executives who commit accounting fraud. The

accounting industry has given $5.7 million so far in 2002, but that barely

slowed the Senate down. Faced with an endless barrage of corporate scandals

and newspaper headlines, the Senate unanimously passed new corporate

reforms.

 

So why did the accounting industry fail to stop legislation where the

pharmaceutical industry did? The answer is, it didn't. For a long time, the

industry warded off any whisper of corporate reform. In 2000, when Arthur

Levitt, then chief of the Securities and Exchange Commission, wanted to ban

accounting firms from acting as consultants (the practice that got Arthur

Andersen and Enron in trouble), the accounting industry responded with a

lobbying crusade that Levitt later called "venal." The industry got 46

congressmen to deluge Levitt's office with phone calls and letters until,

subdued, the SEC chief finally backed down. Only this year, when the

scandals grew too big to ignore, did Congress finally act.

 

None of the tactics that the pharmaceutical industry used to stall, change

or defeat the prescription drug bill are unusual on Capitol Hill. It's not

the only special interest jealously guarding its profit margin. But even in

the face of overwhelming public support for the prescription drug benefit,

the industry knows how to win in the end.

Copyright © 2002, Newsday, Inc.

 

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