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Washington, D.C., Drug Price Standards Initiative (November 2018)
| Washington, D.C., Drug Price Standards Initiative |
|---|
|
| The basics |
| Election date: |
| November 6, 2018 |
| Status: |
| Not on the ballot |
| Topic: |
| Local healthcare |
| Related articles |
| Local healthcare on the ballot November 6, 2018 ballot measures in Washington, D.C. Local Ballot Measures |
| See also |
| Washington, D.C. Municipal elections in Washington, D.C. (2018) |
A citizen initiative to require city agencies to pay no more than the Department of Veteran Affairs pays for prescription drugs was not put on the ballot for voters in Washington, D.C., on November 6, 2018.
The initiative would have limited the price paid by city agencies—either directly or indirectly—for prescription drugs to be equal to or less than the price paid by the U.S. Department of Veterans Affairs (VA)—a department that negotiates drug prices with companies and typically gets a 24 percent discount. Specifically, the initiative was designed to forbid city agencies from entering into any purchasing agreement with drug manufacturers unless the net cost of the drug is the same as or less than that paid by the VA.
While the drug price provisions in this initiative were very similar to those in California Proposition 61 and Ohio Issue 2, the two statewide initiatives were written to also (1) give the measure’s petitioners a direct and personal stake in defending the law from legal challenges, (2) require the state to pay the petitioners’ reasonable legal expenses, and (3) require the petitioners to pay $10,000 to the state if a court ruled the measure unenforceable. This D.C. initiative did not contain those provisions relating to the legal defense of the initiative.[1]
The title of the initiative submitted by petitioners was The District of Columbia Drug Price Relief Act of 2018.
| HIGHLIGHTS | |
Text of measure
Full text
The full text of the initiative was as follows:[1]
|
Petitioner title and summary
- The title and summary below were not the official title and summary that would have been included on the signature petition forms and the ballot. The District of Columbia Board of Elections drafts its own official title and summary.
Title
The title submitted by petitioners for this initiative was as follows:[1]
| “ |
The District of Columbia Drug Price Relief Act of 2018[2] |
” |
Summary
The summary submitted by petitioners for this initiative was as follows:[1]
| “ |
The District of Columbia Drug Price Relief Act of 2018 (the “Act”) will limit the price paid by the District of Columbia government for prescription medications. The initiative requires that the District pay the same price for these drugs as the United States Depart of Veterans Affairs, which is widely recognized as receiving the lowest prices for prescription medications. The Act would apply to all District health programs, including the Medicaid program, and the intent of the Act is to lower drug prices and save taxpayer money.[2] |
” |
Support
The AIDS Healthcare Foundation backed this initiative effort.[1]
Michael Weinstein, the founder and director of the AIDS Healthcare Foundation, said, “We’re really choking on the price of prescription drugs in this country. It’s long past the time we need to do something to lower drug prices, and this is a start.” Weinstein stated that the VA gets a 24 percent discount and that, if city agencies start getting the same prices, it will motivate private insurers to negotiate for lower prices as well.[3]
Opposition
Most of the funding for the campaigns to oppose the similar initiatives in California in 2016—Proposition 61—and in Ohio in 2017—Issue 2—came from pharmaceutical companies. Similar opposition would have been expected for this initiative.
Priscilla VanderVeer, the deputy vice president of public affairs of the Pharmaceutical Research and Manufacturers of America (PhRMA), said, “The government officials who are reviewing this proposal and the people who live and work in D.C. should be concerned about what it could mean for their drug costs and their access to medicine. They could feel higher costs, they could also feel duped in thinking that this could help drive down their healthcare and their drug costs. That will not happen.”[3]
Path to the ballot
To qualify an initiative for the ballot in Washington, D.C., petitioners must collect valid signatures from 5 percent of the city's registered voters within a 180-day window. Moreover, signature collection must be distributed so that signatures equal to 5 percent of registered voters in at least five of the city's eight wards are present.
Prior to signature gathering, the initiative must be cleared as a proper subject for citizen initiatives. This initiative was not cleared for circulation.[4]
Signature requirement:
Signatures needed to be submitted at least 120 days before an election date—which was July 9, 2018, for the November 2018 election—to guarantee qualification for that election ballot; otherwise, the initiative would have gone on the next citywide election at least 90 days after the certification of signatures (special elections are not called for citizen initiatives). Board of elections staff have a maximum of 30 days to verify the signatures and confirm that the distribution requirement was met. Prior to circulating the petition to gather signatures, a process must take place involving determinations by the board of elections, the setting of a ballot title and summary, public hearings, and a protest period.[7]
Process details and timeline
- Petitioners submitted the text of the initiative, a short ballot title, and a summary to the D.C. Board of Elections in mid-October of 2017, and an announcement of a public hearing was published in the D.C. Register on October 20, 2017.
- A board of elections hearing—open to the public—to consider the subject matter of the initiative and whether or not it was a proper subject for a citizen initiative was set for December 6, 2017.
- The hearing was held on December 6, 2017, and testimony was given. A representative of the board of elections stated that the board would make a decision about the initiative within a couple of weeks.
- It was determined that the initiative was not of a proper subject for a citizen initiative, and the initiative petition was not cleared for signature gathering.[4]
- Following the hearing if the initiative had been cleared, the board of elections would have prepared the official ballot title and summary (not more than 100 words).
- This ballot title and summary would have been included on the petition forms for signature gathering and on the ballot if the measure had been certified.
- Once the ballot title and summary had been set, a 10-day challenge period would have begun in which any registered voter could have challenged the ballot title, summary, or legal text of the initiative in court.
- After the challenge period and all filed challenges had been resolved, the petition form for the initiative would have been determined by the board of elections and the initiative would have been cleared for circulation.
- Upon being cleared to circulate the initiative, petitioners would have had 180 days to collect the signatures.
- Upon signatures being submitted, the board of elections would have had 30 days to verify signatures through a random sampling method and confirm that the distribution requirement was met.
Proper subject mattering hearing
On December 6, 2017, the board of election held a meeting at which testimony was given from both supporters—the assistant general counsel for the AIDS Healthcare Foundation—and opponents—counsel to the PhRMA—concerning whether or not this initiative was a property subject matter for a citizen initiative according to city laws. Prior to the testimony, Kenneth McGhie, the general counsel of the District of Columbia Board of Elections reported that the proponents of the initiative had not filed the required paperwork with the office of campaign finance; specifically, the required statement of organization and statement of contribution were not filed. McGhie, however, recomended the board to consider according to merit whether or not the initiative could be circulated.[8]
Testimony both in support and opposition referred to the restriction on citizen initiatives in the District of Columbia preventing initiatives that make appropriations of funds, contradict the city charter, void any budget act, or violate the Human Rights Act.[7]
Testimony in support
Jeffrey Blend, the assistant general counsel for the AIDS Healthcare Foundation, gave testimony as to why the initiative was a proper subject matter for a citizen initiative. Blend argued that the initiative did not make a specific appropriation because the city must already buy and provide drugs to patients and that the initiative would simply provide restrictions on how much is paid for different kinds of drugs.[8]
Testimony in opposition
Frederick Cooke, Jr., counsel to the PhRMA, argued that the initiative was an unfit subject for a citizen initiative because it would appropriate funds by requiring the city to establish an agency and staff to enforce the initiative. Cooke also argued that the initiative would constrict the ability of the city council and the mayor to allocate and expend funds. Finally, Cooke also argued that the initiative would prevent the city from purchasing drugs that the department of veteran affairs doesn't purchase, saying that there would be no legal price for such drugs according to the initiative.[8]
Related measures
- California Proposition 61, Drug Price Standards (2016)
- Ohio Issue 2, Drug Price Standards Initiative (2017)
- South Dakota Initiated Measure 26, Drug Price Standards Initiative (2018)
Other elections
The city of Washington, D.C., held general elections for mayor, D.C. Council, attorney general, nonvoting U.S. Representative, Shadow U.S. Senator, and Shadow U.S. Representative on November 6, 2018. A primary election was held on June 19, 2018. The deadline for candidates to file to run in this election was March 21, 2018.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 DC Register, Vol. 64 - No. 42, "Receipt and Intent to Review Initiative Measure - The District of Columbia Drug Price Relief Act of 2018," October 20, 2017
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 WAMU, "Hotly Contested Proposal On Prescription Drug Prices Could End Up Before D.C. Voters," October 24, 2017
- ↑ 4.0 4.1 Ballotpedia staff writer, "Telephone correspondence with D.C. Board of Elections," July 10, 2018
- ↑ The September 2017 voter registration report showed 473,228 registered voters. The latest voter registration report completed at least 30 days prior to the submission of signatures is used to calculate the actual signature requirement for initiatives.
- ↑ D.C. Board of Elections, "Voter Registration Statistics," accessed October 23, 2017
- ↑ 7.0 7.1 D.C. Board of Elections, "Guide to Initiative and Referendum," accessed October 23, 2017
- ↑ 8.0 8.1 8.2 District of Columbia Board of Elections, "Minutes of the Board of Elections Regular Meeting," December 6, 2017
