WASHINGTON, D.C. – Congressman Neal Dunn, M.D. (Florida-02) and House Energy & Commerce Health Subcommittee Chairman Brett Guthrie (Kentucky-02) recently sent a letter to U.S. Department of Health and Human Services (HHS) Office of Inspector General expressing concern for the Biden Administration’s attempt to enable the exercise of march-in authority as a tool for government price controls.

“Prescription drug prices and the cost of life-saving treatments are out of control, but government price controls are not the answer,” said Congressman Dunn. “Government price caps have proven unintended consequences, like hindering innovation and future medical discoveries, and the Biden Administration’s effort will only exacerbate the skyrocketing cost of care and eliminate treatment options. We cannot afford to jeopardize a patient’s access to quality care to score political points.”

“I am proud to lead this letter along with Dr. Dunn to hold the Biden administration accountable for their blatant overreach in the prescription drug marketplace. This is yet another example of how President Biden has overstepped his bounds, and the results could be devastating for patients’ access to life saving medications,” said Congressman Guthrie. “I will always stand with our patients who are in desperate need of cures. I call on President Biden to withdraw this proposal and to work with House Republicans to achieve our shared goal of lowering drug prices while incentivizing investments in future cures.”

According to the Federal Trade Commission: “Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds—to require the patent holder to license the federally funded patent to other applicants.”

The Biden Administration’s perverse interpretation of this authority- on the basis of the cost of the product- will undoubtedly have a cooling effect on investment in biotechnology innovation.  The letter urges HHS to investigate the administration’s motives and desire to redefine the terms of the Bayh-Dole Act.

You can read a copy of the letter here.

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