Murphy, Davis, Hudson reintroduce EPIC Act to elminate "pill penalty"

Rep. Greg Murphy, M.D., (R-NC); Rep. Don Davis (D-NC); and Rep. Richard Hudson (R-NC) have recognized the harm in penalizing small-molecule drug and have reintroduced the bipartisan Ensuring Pathways to Innovative Cures Act to be considered by the 119th Congress. The EPIC Act simply equalizes the price-negotiation window for small molecules and biologics at 13 years, restoring investment incentives to protect patient access to both classes of vital treatments.   

NCLifeSci fully supports the bipartisan EPIC Act and greatly appreciates the solid and credible efforts of Murphy, Davis and Hudson. We encourage the rest of the North Carolina Congressional delegation to sign on to the bill and shepherd it to passage into law as soon as possible. 

Murphy explains in the following press release: 

Congressman Greg Murphy, M.D. introduced H.R. 1492, the Ensuring Pathways to Innovative Cures (EPIC) Act, alongside Reps. Don Davis (NC-01) and Richard Hudson (NC-09). This bipartisan, bicameral legislation fixes the Inflation Reduction Act's small molecule "pill penalty," to ensure continued R&D investments into small molecule medicines.  

"Small molecule drugs, basically pill-form medication, play an essential role in treating Americans battling cancer, neurological disorders, and other severe illnesses," said Congressman Greg Murphy, M.D. "Unfortunately, the Inflation Reduction Act's price-fixing scheme destroys research and development, reducing treatment options for patients. American innovation leads the world in breakthroughs and life-saving advancements towards eradicating disease and cancer. Proposals like the "pill penalty" undermine progress, make it harder to lower drug costs, and reduce access to critical therapies for those most in need." 

"We must encourage innovation, investment, and the development of new medicines to treat unmet medical needs, especially in underserved and rural communities," said Congressman Don Davis. With diseases such as diabetes, Alzheimer’s, and cancer often having a disproportionate impact on vulnerable patients, access to high-quality, innovative health care treatments must remain a high priority." 

"By creating incentives to develop new drugs, we can help ensure greater access to life-saving cures for patients," said Congressman Richard Hudson. 

 Background 

Under the Inflation Reduction Act's price-fixing model, small molecule drugs are eligible for selection to the “Medicare Drug Price Negotiation” program following 7 years after FDA approval, followed by a there is a two-year “negotiation period” and the price control then goes into effect at year 9. 

Biologics are eligible for selection following 11 years after FDA approval, followed by a two-year “negotiation period” and the price control then goes into effect at year 13. 

The cost to bring a new drug to market can range from several hundred million to several billion dollars. By reducing the ability to recoup losses incurred during drug research and development, many pharmaceutical companies have stopped pursuing new cures. R&D investments are already shifting away from small molecule medicines and manufacturers have paused clinical trials, harming patients with cancer and rare diseases.  

According to a University of Chicago policy brief, due to the 9-13 disparity, 188 fewer small molecule medicines will come to market, leading to 116 million life-years lost. 

Small molecule funding has dropped by 70% since September 2021 when the IRA was introduced. 

Read the bill here.