Here is a summary from Politico of “the orders” and their effects:
President Donald Trump on Friday promised that his set of new executive orders would “completely restructure the prescription drug market.”
… But industry experts say that’s not so certain — and that any changes that do come could take several years.
Trump issued four executive orders — two of which were ensnared in heated debate in the hours ahead of the announcement, leaving even some officials in the dark. The orders target drug costs in government programs like Medicare as well as 340B, which provides heavy discounts on medicines to hospitals that serve low-income and marginalized communities.
But there weren’t many surprises in the language released Friday night. The 340B order would address only a narrow portion of the 340B providers, about 1,000. The importation order essentially retreads work already being done by states and FDA since a draft rule released in December.
And then the two big ones: The most-favored nations order has not been released, presumably because the president gave industry time to come up with a better option. So far, talks don’t seem promising — drug lobbies refused to send representatives to the White House for a meeting on the rule today.
“No matter what the plan, it would take several years to implement given the regulation cycle, the need to gather data, legal challenges and logistics issues,” writes Cowen analyst Rick Weissenstein.
The other order pertains to a so-called rebate rule, recently resurrected — then dropped, then brought to life once again — by White House chief of staff Mark Meadows and HHS Secretary Alex Azar after it was withdrawn last summer. But it comes with a big caveat: Medicare can only eliminate rebates if the approach does not raise seniors’ premiums, federal spending and out-of-pocket costs. Projections that the rebate rule would do precisely that is what killed the original rule last summer.
The orders “garner attention but lack substance,” Morgan Stanley analyst David Risinger said in an investor note.
Industry fights back: Besides the White House snub today — which sources said came from the late notice and lack of detail about the administration’s plans — industry groups are swiftly launching counterattacks. The National Association of Manufacturers on Monday launched a six-figure television and digital ad campaign aimed at the favored nations rule and importation rules.