Conflicting prescriptions
Stockton Record

Thursday, Oct 13, 2005

Propositions 78 and 79 are dueling initiatives in the Nov. 8 special election.

Both involve prescription drugs.

One -- 78 -- is supported by drug companies and opposed by consumer groups.

The other -- 79 -- is supported by consumer groups and opposed by drug companies.

Where you stand probably comes down to two things:

Whether pharmaceutical corporations, which have created medical miracles but are among the world's most profitable companies, will act in the best interest of Californians or their own profitability.

Whether you believe Proposition 78 is an honest attempt to remedy the plague of ever-increasing drug costs or whether it's simply a prescription for neutralizing Proposition 79.

The initiatives seem so similar voters are bound to confuse them. That's probably intentional, at least on the part of drug industry executives who worry that voter approval of Proposition 79 would trigger similar laws in other states.

The propositions are totally different.

The most important distinction is that Proposition 78 is voluntary for drug companies and includes no enforcement provisions. If executives of a company didn't like the program, they could simply ignore it.

That might sound like their right, but we're not talking tires or computers here. We're talking lifesaving, usually patented drugs.

Proposition 79 is their nemesis. They don't like it. They're spending millions to stop it.

It's easy to understand why. Proposition 79 would enforce drug discounts and not rely on voluntary price reductions that might or might not be offered by companies.

Proposition 79 would cover millions more Californians, including people with existing drug coverage that doesn't include their expenses.

Proposition 79 proposes a nine-member committee to review access to -- and pricing of -- drugs. State officials would negotiate drug company rebates. Companies that don't agree to lower prices could have their drugs removed from "preferred-status" designation by Medi-Cal, a state program for low-income residents that includes drug coverage.

Opponents of Proposition 79 argue the federal government never will extend federally mandated drug pricing of Medi-Cal system to a new Proposition 79 program.

Opponents say it will trigger an avalanche of lawsuits against the program and drug companies. Lawsuits brought by drug companies are more likely.

There's no argument the present system isn't working and needs reform. The price of drugs -- some not just needed to enhance life but to continue it -- are out of control. The most vulnerable are the least able to pay those prices.