It’s a
little-known secret that patients can get thousands of dollars directly from a
drugmaker.
By Sarah Jane
Tribble DECEMBER 13, 2018
Kip
Burgess was relieved last year when pharmaceutical giant Amgen overnighted him
a $2,976 check to help pay for his go-to arthritis drug, Enbrel.
The
36-year-old psychologist had run into an increasingly common problem: The copay
coupon sent by Amgen couldn’t cover the drug’s more than $4,000 monthly price.
“Nothing
in the world gives me more anxiety than just getting my medication,” Burgess
said. “There’s nothing you can do but beg.”
Panicked,
Burgess had called Amgen and pleaded for help. The drugmaker sent him the check
after he provided a credit card statement and an explanation of benefits to
prove he bought its drug.
It’s
one of the little-known secrets in health care: When financial incentives like
copay coupons and debit cards won’t work, pharmaceutical companies sometimes
will write a check — what they call direct reimbursement — to make sure a loyal
patient will stay on a high-cost, brand-name drug.
Drugmakers
began using now-popular copay coupons and other forms of assistance more
than a decade ago to help patients pay out-of-pocket costs for medicines, particularly
high-cost specialty drugs such as those that treat autoimmune disorders. The
coupons have a dual purpose: They mask the true costs of a drug for patients
and give patients a financial incentive to stay on an expensive drug until
their insurance deductible is met.
Ellen
Albritton, a senior policy analyst with Families USA, said the multiple calls
Burgess made to his insurer, pharmacy manager and the drugmaker to pay for his
drug is “a lot to put on a patient.”
“This
highlights just how dysfunctional the system is, and it just isn’t working for
patients,” Albritton said.
The
practice of sending checks is legal as long as the patients are not enrolled in
government-funded insurance such as Medicare and Medicaid, said William
Schiffbauer, a Washington, D.C.-based health insurance attorney.
“You
can accept cash from anybody as long as it’s not a government program,”
Schiffbauer said, noting there may be income tax obligations for the patient.
The federal anti-kickback and Stark laws were meant to prevent bribery of
patients and doctors and do not apply to private commercial insurance plans.
AbbVie,
which makes the blockbuster arthritis drug Humira, will send a check if
patients can prove their copay card doesn’t work for a variety of reasons, said
Adelle Infante, director of external communications for the company.
Amgen,
the maker of Burgess’ arthritis medicine, provides up to $12,000 of copay
assistance each year to commercially insured Enbrel patients who need help
meeting out-of-pocket expenses, often regardless of the patient’s financial
status. When the cards fail to work, for whatever reason, Amgen can send direct
reimbursement.
While
Amgen’s primary assistance is through copay cards, “in some instances, based on
patient preference, Amgen will provide direct reimbursement” after a patient
has already paid for the medicine, Amgen’s Kristen Neese, director of corporate
affairs, said in an emailed statement.
Harry
Totonis, chief executive of ConnectiveRx, a pharmaceutical services company,
said sending checks to patients is “not a commonly used practice” and happens
“a fraction of 1 percent” of the time. He declined to confirm the average value
of the checks or name the drugmakers that issue checks via ConnectiveRx.
“All of
these programs try to help patients afford the medications,” said Totonis,
whose company bought PSKW, which issued the check Burgess received from Amgen
in 2017.
Daniel
Nam, executive director of federal programs for AHIP, the America’s Health
Insurance Plans, said direct reimbursement using checks is just another way for
manufacturers to make insurance companies pay for expensive drugs, which helps
jack up monthly premiums.
This
approach will “create a new black hole of patient-directed payments and avoid
any scrutiny,” he said.
Insurers
and lawmakers have begun to push back against the popular copay programs,
saying they raise the cost of medications in the long run. California passed a law last
year limiting their use and federal litigators have increased scrutiny.
Insurers
and pharmacy benefit managers like CVS Caremark and ExpressScripts have
begun refusing to use copay cards as the drugmakers intended.
CVS
Caremark introduced “copay accumulator” programs two years ago. Patients can
use a copay card or coupon to help cover the cost of the drug, but the payment
does not count toward their insurance plan’s deductible or out-of-pocket
maximum. That often means that when the assistance from the drugmaker — which
is generally limited to a fixed dollar amount — runs out, the patient is on the
hook for a much larger share of the cost of the drug.
“It is
important to remember that while manufacturer-sponsored programs, such as copay
cards, can help reduce out-of-pocket costs for patients in the short-term, they
can also lead to increased health care costs in the system by encouraging the
use of higher cost, often branded drugs,” Christine Cramer, senior director of
CVS Health’s corporate communications, emailed this month.
A copay
accumulator likely triggered Burgess’ panicked call in 2017. Amgen had issued
Burgess a copay card preloaded with $12,000 to help cover his out-of-pocket
expenses. But his pharmacy began charging the full monthly cost for Enbrel, not
merely his out-of-pocket share, against his copay card. And that big charge
didn’t count against his annual deductible.
So,
after a couple of months, Burgess suddenly needed to pay thousands of dollars
to meet his deductible and get the medication that helped him get out of bed in
the morning.
But
Amgen is reformulating the remedy Burgess sought, and he and other patients may
be out of luck. As of 2018, Amgen said, it will send checks only to financially
needy patients whose insurers and pharmacy benefit managers use accumulator programs.
The patients must show incomes at 500 percent or below the federal poverty
level, or $60,700 for an individual and $125,500 for a family of four. An Amgen
email stated that only “an extremely small number of patients” have received
money that way.
Burgess
doesn’t qualify. He had to raid his savings this year for the money to cover
his deductible.
“It
really feels like they are throwing me under the bus to get back at the
insurance company,” Burgess said. “These two giant corporations are fighting it
out, and they don’t really care about me in any shape or form.”
KHN’s coverage of prescription drug development, costs and
pricing is supported in part by the Laura and John Arnold Foundation.
Sarah
Jane Tribble: sjtribble@kff.org,
@SJTribble
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