Senate Republicans triumph on vote on prescription drugs

A tough and at times bitter lobbying battle came to a head yesterday when the Senate failed to advance a bill that would permit the federal government to negotiate for the prices of prescription drugs under Medicare.

The two opposing interest groups leading the charge, however, acknowledged that yesterday’s vote represented more of a pause than an ending.

{mosads} “Senators should know this issue is not going away,” AARP Director of Government Relations David Sloane said in a written statement.

The Pharmaceutical Research and Manufacturers of America (PhRMA) agrees on this point, at least. “This issue is not going away,” PhRMA Senior Vice President Ken Johnson said. “Every time it pops up … it gives us an opportunity to remind Americans as well as Congress that the Medicare prescription-drug program has been a resounding success so far.”

Yesterday, a cloture vote on the Medicare bill failed 55-42, or five votes shy.

Senate Finance Committee Chairman Max Baucus (D-Mont.), the bill’s sponsor, is intent on bringing it back up, his spokeswoman said. “We will revisit it at an appropriate time,” she said.

The final outcome yesterday was less than surprising. Senate Majority Leader Harry Reid (D-Nev.) said that interest groups had made it impossible for him to get the bill through.

“Senate Republicans have resorted to obstructionism in an effort to protect the drug industry at the expense of our seniors,” Reid said in a written statement.

After the vote, Minority Whip Trent Lott (R-Miss.), Republican Conference Chairman Jon Kyl (Ariz.) and Finance Committee ranking member Chuck Grassley (R-Iowa) dismissed any link between PhRMA’s lobbying and their votes.

The AARP vowed not to let the issue die, and to ensure that senators’ votes on the legislation become a campaign issue. PhRMA’s edge, the AARP claimed, was its political campaign giving.

“No amount of campaign money can trump the will of 90 percent of Americans,” Sloane said, citing AARP surveys. The AARP does not give to campaigns and does not have a political action committee.

The AARP also made clear that it plans to continue fighting the pharmaceutical industry on several fronts this year, including on issues such as importation of less expensive medicines from abroad and expanded access to generic drugs, including generic biological drugs.

In March 2006, the Senate passed language requiring government negotiations on a 54-44 vote, which included a dozen Republicans who voted yes. Sens. Olympia Snowe (R-Maine) and Ron Wyden (D-Ore.) sponsored that language, which was attached to the Senate’s budget resolution.

Had the Democrats been able to hold on to four more Republicans who voted for a similar measure last year, they would have secured cloture.

The Republican leadership successfully beat back the Medicare bill in large part because of votes against cloture cast by GOP Sens. Lindsey Graham (S.C.), Kay Bailey Hutchison (Texas), Lisa Murkowski (Alaska), Richard Shelby (Ala.) and Ted Stevens (Alaska).

Every Democrat voted for cloture, including Sen. Ben Nelson (Neb.), who opposes the underlying bill. “Today’s vote was a procedural vote,” Nelson’s spokesman said yesterday.

Reid eventually changed his vote to “nay” when it was clear that the cloture vote was going to fail. Voting against the bill and making a floor motion to reconsider allows Reid to bring the measure back for another vote at some point in the future.
Six Republicans senators voted for cloture: Snowe, Norm Coleman (Minn.), Susan Collins (Maine), Chuck Hagel (Neb.), Gordon Smith (Ore.) and Arlen Specter (Pa.).

Sens. Sam Brownback (R-Kan.) and John McCain (R-Ariz.) missed the vote, as did ailing Sen. Tim Johnson (D-S.D.). McCain voted with Democrats last year on the issue.

The Baucus bill would permit the Department of Health and Human Services to negotiate on the price of prescription drugs under Medicare Part D. At present, the prices are negotiated between private health plans and drug makers. The House passed stronger legislation in January that would require government negotiations.

House Speaker Nancy Pelosi (D-Calif.) vowed to continue pushing the issue. “Democrats will keep fighting until this bill is signed into law and seniors and people with disabilities have access to affordable prescription drugs,” she said in a written statement.

The Medicare drug price issue is sure to resurface during campaign season for senators up for reelection in 2008, especially those viewed as potentially vulnerable.

Two lawmakers likely to be targeted by Democrats next year, Coleman and Smith, voted to move forward on the bill.

Smith’s vote was no surprise, as he has backed similar measures in the past and was a public supporter of the Baucus bill.

Coleman, however, was seen as a wildcard until Monday, when he told the Associated Press he would vote for the bill. Following yesterday’s vote, Coleman indicated that he does not share his fellow Republicans’ view that the bill would have undermined Medicare Part D. “I thought it was pretty benign,” he said.

Another lawmaker on the Democratic hit list for 2008, Sen. John Sununu (R-N.H.), voted with his party yesterday, which could make him vulnerable to campaign attacks on the Medicare issue.

Hagel, a potential White House candidate who opposed the similar measure last year, also joined the Democratic majority on the cloture vote.

Graham, who is running for reelection next year, voted against cloture in an apparent shift, as he voted for the Snowe-Wyden legislation last year.

Other Republicans who opposed the bill and are up for reelection next year are Sens. Elizabeth Dole (N.C.), Pete Domenici (N.M.) and John Warner (Va.).

Baucus himself leads the list of potentially vulnerable Democrats who voted for cloture yesterday. Others include Sens. Mary Landrieu (La.) and Mark Pryor (Ark.).

Elana Schor contributed to this report.