CCLP testifies against high drug prices

CCLP testifies against high drug prices

by Bethany Pray, Esq.| Apr 9, 2026

Consumer Protections, Health, Research and Policy Analysis, Testimony

On Thursday, April 2, 2026, Bethany Pray, Chief Legal and Policy Officer at CCLP, provided testimony against Senate Bill 26-140, Exempt Drugs from Prescription Drug Affordability Board (PDAB) Reviews. The bill would take away PDAB's authority to review the affordability of some of the most expensive and commonly prescribed medications.

I'm Bethany Pray, Chief Legal and Policy Officer at the Colorado Center on Law and Policy, and am testifying today in opposition to SB26-140. CCLP is a state-wide anti-poverty organization that advances the rights of all Coloradans, and we pay particular attention to the impact of health care costs on Coloradans' ability to access needed care.

Federal laws on drug development, patenting and market exclusivity have resulted in the United States spending "more than twice as much per capita annually on retail prescription drugs" as peer countries. Our higher spending doesn't translate to better health, as noted in an article in the American Bar Association journal, the Health Lawyer. Instead, because of those high prices, we see higher rates of non-adherence and lower-life expectancy than in other high-income countries.

The Colorado legislature's action in 2021 to create the Prescription Drug Affordability Board (PDAB) was ground-breaking. First in the nation, it created an opportunity for a patient-informed, deliberate, data-driven and very public process to determine first whether a drug is affordable for Coloradans, and then whether an upper payment limit (UPL) should be applied.

This bill would prevent the PDAB from considering drugs designated under Section 360bb of the Orphan Drug Act, which as you've heard are not just for rare diseases. This would eliminate 70% of the very high-cost drugs currently identified as eligible for PDAB review. Orphan drugs are not just for rare diseases. Over a third are also approved for common diseases or for multiple uses.

Because the PDAB process is so deliberate, just one drug has had a UPL applied, and that was set at the level negotiated by the manufacturer Amgen for Medicare. Nonetheless, you have no doubt heard great alarm from some patients about continuing access to drugs.

I'd like to lower the temperature a bit. It is highly unlikely that a manufacturer would leave the market. Doing so would:

• Leave the entire market share to competitors.
• Damage their reputation, at a point when the drug industry is already viewed negatively by 58% of Americans.
• And could violate Colorado law. C.R.S. 6-2-114says it is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement.

Unless a manufacturer found a way to exclude Colorado from the stream of national advertising for drugs, they would have to continue to supply their merchandise in Colorado.

Please vote no and allow the PDAB to do its job. Happy to answer any questions about orphan status, the impact of drugs on overall health care costs, or other matters.

SB24-060 passed out of Senate State, Veterans, & Military Affairs three to two and did not go to a vote on the floor.

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