We all share the same goal when it comes to health care: ensuring patients can access the medicines they need at prices they can afford. Louisiana Senate Bill 401 reflects a sincere effort to address that challenge. At the same time, I encourage lawmakers to consider the full picture of what drives out-of-pocket costs at the pharmacy counter, because the complex practices within the drug supply chain play an outsized role in what patients actually pay. Without also addressing those dynamics, SB 401 may fall short of its affordability goals while creating unintended consequences for patient access, medical innovation, and Louisiana’s life sciences industry.
Much of the conversation around prescription drug prices centers on drug manufacturers. But patients do not pay manufacturers directly. Between the laboratory and the pharmacy counter stands a layered network of insurers, pharmacy benefit managers (PBMs), wholesalers, and other intermediaries who significantly influence what patients ultimately pay.
PBMs and insurers design formularies, determine which drugs are covered, decide whether a medication requires prior authorization or step therapy, and set patient cost-sharing. These intermediaries often operate through opaque rebate and fee structures that can reward higher list prices rather than lower net costs. As multiple analyses have shown, higher list prices can increase revenue for intermediaries even when net prices paid to manufacturers decline, leaving patients with higher out-of-pocket costs at the pharmacy counter.
In other words, when patients struggle with affordability, the challenge is often not the price of the medicine itself, but the layers of the system that sit on top of it.
SB 401 focuses primarily on manufacturers by setting the stage for a future where the state can designate certain medicines as “unaffordable” and open the door to state-imposed payment limits. While the intent is understandable, price-setting mechanisms on their own do not compel insurers to pass savings along to patients. By concentrating on one segment of the supply chain, SB 401 risks leaving in place the dynamics where savings are captured by intermediaries while patient access grows more restricted.
Lawmakers should also consider SB 401’s potential effects on Louisiana’s growing life sciences ecosystem. Life sciences companies in Louisiana are employers, research partners, and community members. They support high-skilled jobs across research, manufacturing, clinical trials, and distribution. These companies also deliver lifesaving and life-extending medications to patients battling cancer, autoimmune disease, rare genetic disorders, and countless other conditions.
These innovations do not materialize overnight. Developing a new medicine requires years of research, significant upfront investment, and a willingness to take on scientific risk. Policies that introduce uncertainty around pricing and market access can dampen that investment, particularly in a state working hard to grow its presence in this sector.
We believe there is a path forward that more directly addresses the root causes of affordability challenges. That path includes greater transparency and accountability for PBMs and insurers, ensuring rebates and discounts reach patients at the point of sale, and protecting the competition that drives innovation. These reforms would address the parts of the system where incentives have become misaligned, while avoiding the risks that come with price-setting mechanisms.
Louisiana Bio shares the legislature’s commitment to making medicines more affordable for Louisianans. We respectfully encourage lawmakers to refine the approach reflected in SB 401 and to consider complementary reforms that can improve affordability without compromising patient access, scientific progress, or the jobs and investment that Louisiana’s life sciences industry brings to the state.
Sharon Courtney, Executive Director of Louisiana Bio