Senate rules could undercut Democrats’ prescription drug plan

“Democrats have a multi-pronged strategy for addressing drug prices in the Build Back Better Act. First, they would allow Medicare to negotiate with pharmaceutical manufacturers on the prices of a certain number of prescription drugs, something they have been promising to do for years. But Democrats also want to limit drug companies’ ability to hike the prices of their medications for everyone — regardless of what kind of health insurance they have — in the future.

To do that, Congress has proposed requiring drugmakers to pay rebates for any price increases, in either the Medicare health program or the commercial health plans that cover 180 million Americans.

But, as Politico reported this week, the plan to apply the inflation-indexed rebates to the commercial market could be in trouble.

Senate Republicans — at the urging of the drug industry — plan to challenge whether the rebates for commercial health plans are permissible in a bill passed through the budget reconciliation process.”

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“the Byrd Rule requires that all the provisions in a budget reconciliation bill directly change federal spending or revenue.

Republicans will argue that the purpose of the provision is to control drug prices for the private plans, full stop, and that does not have anything to do with federal spending or revenue — at least not directly.

The Democratic counterargument would be that applying these rebates to commercial plans would have a serious, more than incidental, effect on the federal budget. The federal government subsidizes almost all private insurance plans in one way or another, and so lower or higher costs for those plans could have major implications and lower costs for private health plans could also mean higher wages for workers, who would then pay more in taxes.

Who wins is likely ultimately a decision for the Senate parliamentarian.”

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“what would happen if the parliamentarian determines rebates covering commercial plans cannot be allowed under the Byrd Rule?

The big fear, voiced by advocates of the Democrats’ plan, is that drug companies would extract higher prices from the commercial market in order to make up for the revenue they would lose from Medicare once that program’s new price controls take effect.

According to several experts, that appears unlikely. Loren Adler, associate director of the USC-Brookings Schaeffer Initiative for Health Policy, covered why in a lengthy analysis published in September.

“Fundamentally, for this to occur, it would have to be the case that drug companies are benevolently choosing not to profit-maximize at present,” Adler told me this week, “which I find rather difficult to believe.””

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“Under the current plan, drugmakers would pay a rebate based on their sales volume in both the Medicare and commercial markets. In that scenario, there would be little reason to raise list prices faster than inflation, because you are paying the penalty based on the entire market.

But if those rebates can’t include the commercial market, the penalty will be based on the Medicare market only — making it a smaller price to pay if a company does decide to hike the list price of a drug at a rate higher than inflation.”

Stop The Steel: Biden Is Replacing Trump’s Tariffs With Import Quotas

“The Biden administration has reached a deal with the European Union to withdraw tariffs imposed by President Donald Trump on European-made steel. Unfortunately, the agreement likely won’t translate into lower costs for American manufacturers and consumers.
That’s because the Biden administration is replacing Trump’s tariffs with a new form of protectionism that will continue to artificially inflate the cost of steel imported from Europe. Instead of charging 25 percent tariffs on all steel imports, as Trump did, Biden’s deal includes a so-called “tariff-rate quota” that will allow 3.3 million metric tons of steel to be imported annually without tariffs. Once that threshold is met, the 25 percent tariffs will apply to subsequent imports. For reference, the U.S. imported nearly 5 million metric tons of steel from Europe in 2017—the last full year before Trump’s tariffs caused imports to fall sharply.”

The World’s Richest Countries Want To Create a Competition-Crushing Global Tax Cartel

“Most countries, including the United States since the passage of 2017’s Tax Cuts and Jobs Act, use some version of a “territorial” system. Territoriality is a basic principle of good tax policy and means that governments don’t tax their taxpayers’ foreign-earned incomes. That money is instead taxed by the foreign jurisdictions where it is earned. Firms can choose where to do business based on what country has the best tax regime. This approach puts pressure on governments with punishing tax regimes to become less draconian.

High-tax nations don’t like this competition, which is why they’ve been itching for the past decade to undermine it with a global minimum tax. And while the U.S. government is set to benefit immensely from the new regime, U.S. companies with foreign subsidiaries and income will not.”

Suni Lee says she was pepper sprayed in racist attack: ‘I was so mad, but there was nothing I could do’

“the 18-year-old Lee described what happened to her and her friends (who are all women of Asian descent) just a week before the interview took place. While they were waiting for an Uber during a night out, a car pulled up to them and started yelling Asian slurs out the window. Lee said she got pepper sprayed on the arm as the car sped away.”

Congress Finally Passed Biden’s Inefficient, Deficit-Hiking Infrastructure Bill

“The bill is also larded up with provisions that will make infrastructure projects more costly for taxpayers. That matters, of course, because if you inflate the cost of building a bridge and you have a fixed amount of money to spend on new bridges, you’ll get fewer bridges.

For example, the bill’s “Buy American” provision is nothing more than performative patriotism and a handout to politically powerful unions. By mandating that materials used in road, bridge, and rail projects come primarily from the United States, Congress will effectively hike prices and engage in arbitrary protectionism.”

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“The infrastructure bill could have been an opportunity to reform other federal rules that unnecessarily drive up the cost of building infrastructure. Like the Davis-Bacon Act, which requires that most workers on federally subsidized building projects are paid the local “prevailing wage” negotiated by unions even if the workers themselves are not unionized—and only about 13 percent of construction workers are part of a union. The Davis-Bacon Act rules can increase the costs of infrastructure projects by as much as 20 percent.

Similarly, the infrastructure package could have suspended or eliminated parts of the National Environmental Policy Act (NEPA) in order to streamline environmental reviews of infrastructure projects. Currently, NEPA reviews take more than four years on average, and they are frequently used as tools to block development for reasons that often have little to do with the environment.”

A Soviet-Style Strongman Still Rules Belarus

“Democratic governance, freedom, and flourishing in Belarus have long been hampered by Alexander Lukashenko, a demagogue and dictator who took power in 1994. In the country’s first and only open election, Lukashenko—who ran on an anti-corruption platform—was elected president. But once in office, he proved reluctant to let go of power or tolerate dissent.
“Openly nostalgic for Soviet times,” as the Associated Press put it in 1996, Lukashenko was dismissive of the country’s parliament, hostile to constitutional limits, and enthusiastic about state control of information. From the beginning, he was warm to Russia, signing a friendship treaty in 1995 that included concessions such as allowing Russian troops to be stationed in Belarus. He continues to encourage the people to speak Russian, not Belarusian.

By 1996, Lukashenko was proposing constitutional amendments to extend his term in office and expand his power. Parliament would not approve a referendum on it, instead proposing impeachment. “I will not give up the reins of power,” Lukashenko vowed in response. And he hasn’t.

Lukashenko has held on to his position by quashing opposition, suppressing nonstate media, interfering with elections, and otherwise denying civil liberties and political freedom to Belarusians.”

Amy Klobuchar and Tom Cotton’s Big Tech Anti-Monopoly Bill Exempts Their Preferred Firms

“Note, however, the bill stipulates that it only covers firms that are over the $600 billion line “as of the date of enactment.” In other words, if a company has a market cap under $600 billion on the day the bill becomes law, then that company is permanently exempt—even if it later crosses the threshold.

Two companies that are currently under the $600 billion line and thus exempt from the bill are mega-retailers Target and Walmart. These companies are both worth hundreds of billions of dollars, and their e-commerce platforms are growing at a faster rate than Amazon’s. But under the Klobuchar/Cotton law, it wouldn’t matter if Target and Walmart overtake Amazon—they would be immune from this new antitrust action, as long as they are small enough on the day the bill is signed.

Readers may be interested to note that Target is headquartered in Minneapolis, Minnesota. Walmart is headquartered in Bentonville, Arkansas. Isn’t that interesting? It’s probably just a coincidence that the $600-billion-at-date-of-enactment provision would shield the two most important companies in Klobuchar and Cotton’s home states.”