If the bill passes, New Yorkers could take cheaper Canadian prescription drugs

A bill that will be introduced in New York state legislatures early next year could pave the way for the legal importation of certain prescription drugs from Canada, potentially saving the state's residents – especially seniors – significant costs, supporters say.

If New York Rx Importation Bill S.9838 (also known as Assembly Bill A7954), sponsored by State Senator James Skoufis of Cornwall, New York, becomes law, it would follow in the footsteps of a similar bill in Florida, which in January became the first state to receive approval from the Food and Drug Administration (FDA) for its importation plans.

The passage of a similar state law opened the door for Florida to import some prescription drugs from Canada, ensuring they are proven to be cheaper, safer and as effective as those sold by American drugmakers. And in January, the FDA approved Florida's state import plan.

The same first step would apply in New York if the bill becomes law.

During the last New York State legislative sessions, the bill passed the Senate overwhelmingly, but is still pending a vote in the Assembly, having been put on hold until the final days of the most recent legislative sessions.

Several studies have shown that retail prices in the United States are higher than in other countries. A recent study by the U.S. Government Accountability Office of 20 brand-name drugs found that prices here are two to four times higher than in Austria, Canada and France.

In Canada, according to the study, Americans paid more than double or even more.

Staten Island Assemblymen Charles D. Fall (D-North Shore-Battery Park), Michael Reilly (R-South Shore) and Michael Tannousis (R-East Shore/South Brooklyn) said they would likely support the bill but wanted to review more details.

Sam Pirozzolo (R-Mid Island) said the same, He said he was all for saving citizens money on prescription drugs and would likely vote yes, but first he needed to answer some questions.

“The only thing that isn't written in this bill is what percentage of savings there will be and what percentage of that will be passed on to the consumer,” Pirozzolo said. “If … the wholesalers save 50%, does that mean I save 50% and the savings are passed on to me, or does it mean the wholesalers save 40% and I save 10%?”

And our country's relationships with other countries must be taken into account, even though Canada has always been a good neighbor. “What if Canada says, 'We're not going to make your medicine anymore?'” he asked.

The issue of safety is also of paramount importance, he said. “It's nice to be able to say on paper that the drugs are just as safe, but who actually does the inspections? Is there a possibility of cross-contamination? Your pharmaceutical companies may operate differently than our pharmaceutical companies.”

Tannousis said he would support the bill “as long as measures are taken to ensure that the quality of these prescriptions is as high as in the United States.”

“The ever-increasing cost of prescription drugs has made life more expensive… especially for our seniors,” he added.

Resistance to the bill

Opponents of similar bills include the Pharmaceutical Research and Manufacturers of America (PhRMA), which represents the country's leading innovative biopharmaceutical research companies and has previously filed a lawsuit against Florida's import regulations.

Shortly after the FDA issued its response to Florida, PhRMA issued a statement saying that importing drugs from Canada “poses a serious threat to public health.”

PhRMA also pointed out that Florida's plans would risk a drug shortage in Canada, which AARP said was impossible because Canada had taken safeguards to protect its own supplies.

A message left for PhRMA was not answered at the time of publication.

Present a plan

The passage of the law would not guarantee the legal import of all prescription drugs, said Bill Ferris, a state representative of AARP New York, which is actively pushing for passage of the law.

Instead, it would simply allow the state to meet with the FDA and come up with a plan to begin studying a possible state program, he said.

“The state needs to show the federal government how it can save consumers money, and do so in accordance with federal laws and regulations,” he said. “But to even get there, we need to pass the law in New York first.”

“Especially seniors”

The law would benefit everyone, especially seniors, Ferris said, citing an AARP survey of New York voters that found a majority of seniors who take prescription drugs are concerned about the affordability of those drugs.

It is crucial for older people to take prescribed medications as directed, Ferris said, noting that many of them suffer from chronic diseases such as diabetes, high blood pressure, rheumatoid arthritis and heart disease and therefore require consistent medication to keep symptoms under control and prevent complications.

According to the AARP survey, 24% of respondents said they had missed at least one prescription from their doctor in the past two years. Of those who missed a prescription, 60% cited cost as the reason.

The study also found that 60% of seniors admitted that they may not fill a prescription in the future due to rising costs, and 50% said they would wait to get a prescription because of the increase in costs.

“This is going to have an impact on seniors,” Ferris said. “Seniors are more likely to be taking multiple prescription drugs. If you're taking multiple prescription drugs and the cost is higher, that's going to have a bigger impact.”