Drug issue may be confirmation snag

WASHINGTON - Three senators vowed Wednesday to block Senate confirmation of President Bush's nominee to head the Medicare and Medicaid programs unless he explains publicly why he opposes reimportation of cheaper, U.S.-made drugs from Canada.

The announcement by Sens. John McCain, R-Ariz., Byron Dorgan, D-N.D., and Debbie Stabenow, D-Mich., was just the latest in a series of developments that have elevated drug reimportation as a political issue. McCain predicted Bush's opposition to drug reimportation could become an election year issue.

Proponents of drug reimportation note that U.S.-made drugs sell for much lower prices in Canada than they do in the United States. Reimporting drugs from Canada, they argue, would pressure the pharmaceutical industry to lower U.S. prices.

Bush last Friday nominated Mark McClellan, head of the Food and Drug Administration, to be the top administrator of the Centers for Medicare and Medicaid Services. At the FDA, McClellan has moved to halt shipments of drugs from Canada to U.S. consumers. He has been accused of acceding to drug industry lobbyists.

"I believe it is appropriate to hold up Dr. McClellan's nomination for a time," Dorgan said, "and try to determine what's behind all of this."

It is easy for just one senator to block action, since the Senate traditionally does nothing without unanimous consent of its 100 members. The senators said they would withhold consent to proceed on the nomination until McClellan agrees to answer the Commerce Committee's questions about his position on reimportation.

McCain said McClellan has twice rejected invitations to testify before the committee, which the Arizona senator chairs. Dorgan described McClellan's refusal as "an arrogant thing for him to do."

McClellan could not be reached for comment. He has previously indicated he opposes reimportation of drugs because they could be altered or counterfeited. Earlier this week, he told an audience in Texas that Americans who order drugs from Canada or Mexico are exposing themselves to severe health and safety risks.

William Pierce, spokesman for the Department of Health and Human Services, said McClellan, a physician with a doctorate in economics, "has impeccable credentials and is highly qualified."

He added that the administration "has not been shy in explaining what our concerns are" about drug reimportation.

Also on Wednesday, HHS Secretary Tommy Thompson named McClellan to head a congressionally mandated study of reimportation. "It gives new meaning to putting fox in charge of chicken house," Dorgan said.

McClellan's opposition to reimportation, Dorgan said, is troubling because in a new job at CMS he would "need to put downward pressure on prescription drugs purchased by Medicare." He described McClellan as "a person who shows no interest in price restraint."

Congress last year enacted a prescription drug benefit for Medicare recipients, beginning in 2006, that is expected to cost more than $500-billion over 10 years. McCain said he would not be surprised if the cost of the drug benefit proves to be as much as $1-trillion over 10 years.

Since McClellan took charge of the FDA, Dorgan said, he "has been working furiously to put on hold all efforts to obtain lower prescription drug prices" through reimportation. He said McClellan has threatened legal action against state and local governments that try to buy drugs in Canada, pressured health insurers to reject reimbursement claims for Canadian drugs, and tried to enlist UPS, FedEx, MasterCard and Visa in his campaign to stop across-border purchasing.

McCain, Dorgan and Stabenow support a House-passed measure that would mandate the FDA to assist in guaranteeing the safety of reimported drugs. They say they are convinced it can be done without compromising safety.

McClellan's nomination is subject to a confirmation vote of the Senate Finance Committee and the full Senate. The Commerce Committee, however, has jurisdiction of some drug-related issues.

World and national headlines

© 2006 • All Rights Reserved • St. Petersburg Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 Contact the Times | Privacy Policy Standard of Accuracy | Terms, Conditions & Copyright