The Battle Over Patient Assistance Programs Heats Up

Patient assistance programs have been in the spotlight for the past few years as the drug pricing controversy comes to a head. This article outlines some of the recent subpoenas, with focus on the most recent subpoena to make the news, that of Pfizer. 

For decades now, connecting with the patient has been the holy grail of pharmaceutical marketing. Even though drugs traditionally are marketed by influencing the learned intermediary (the doctor), companies have long struggled to reach patients. This need to reach patients is particularly the case now as patient power and sophistication have increased. However, pharmaceutical marketers have yet to find an efficient way to get to the ultimate user (the patient) without running afoul of government restrictions. First, it was direct-to-consumer advertising, and then it was patient advocacy groups, now it is patient assistance programs (“PAPs”).

Despite the various ways companies have attempted to influence patients, government regulators continually and consistently have expressed concern over these direct patient connections. Their skepticism tends to center around whether manufacturers are leveraging their marketing muscle to drive up product utilization, and ultimately, healthcare costs paid for by U.S. taxpayers.