The National Grange of the Order of Patrons of Husbandry

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MAY 2002 SPECIAL EDITION

SPECIAL PHARMACEUTICAL/RURAL HEALTH ISSUE!

Open Letter to All US Senators and US Representatives
By
Kermit W. Richardson, President
National Grange of the Order of Patrons of Husbandry
"Don't Upset The Applecart!"

Dear US Senator and US Representative:

I would like to bring to your attention a major new health-care crisis is threatening millions of Americans who live and work in rural America. It would disproportionately affect seniors, the very young, and persons suffering from chronic diseases who reside in our nation's farming communities and towns. It is not a crisis driven by infection, epidemic, environmental factors, or even personal lifestyle choices. Unless we act, it could ultimately degrade the quality of life for every American, but it will be felt first, and perhaps most profoundly, by those in rural communities. Eventually, it could cost hundreds of billions of dollars, cause hundreds of millions of hours of lost time, and extract an unknown toll in suffering and misery. The National Grange, this nation's oldest general farm and rural public interest organization, is asking for your assistance to confront this crisis.

The crisis stems from proposals now before Congress, such as S.812 the Schumer/McCain bill, to amend current law to deny full patent protection to cutting-edge pharmaceutical products that are about to come to market. Promoted as a way to "reduce" health-care costs, instead, these proposals would disrupt both the availability of new medicines and the introduction of lower-cost generic drugs. It is, furthermore, a blatant attempt to expropriate intellectual property - property that has been created by years of high-risk and high-cost research. Unless Congress acts to preserve current law, this counter-productive policy would seriously undermine investment in research and development for the life-saving medications, procedures, and cutting-edge biotechnology that will be needed in the 21st century. And while all Americans would feel the pain and discomfort from this loss of innovation, rural Americans would feel the pain (often literally) the most.

To understand why denying full pharmaceutical patent protection threatens to create a health care crisis for rural America, it is first necessary to understand that there are basically three pathways by which medical innovations reach patients. Rural Americans, however, are at a distinct disadvantage along two of these three pathways, when compared to urban and suburban citizens, because of their relative geographic isolation.

The first pathway for medical innovation is through the knowledge and skills of trained medical professionals, such as doctors. Today, rural communities suffer from chronic shortages of nearly all types of medical professionals. Fewer trained medical professionals who can deliver state-of-the-art medical care results in lower quality of care. It also increases the cost and burden on the rural sick and infirm who must travel farther to obtain quality care.

The second medical innovation pathway is through the use of state-of-the-art medical equipment. Many of the most valuable pieces of medical equipment in modern treatment facilities are expensive, immobile, require skilled technicians to operate, and have high overhead costs. They are cost-effective investments only when extensively used, which means they are often unavailable in rural America.

The third avenue for delivering state-of-the art medical care to patients is through new medications and pharmacological products. Compared to the other two pathways, medicines are relatively inexpensive, have low overhead and maintenance costs, and are easy to transport directly to patients regardless of where they live. Rural patients have access to the latest innovation in pharmaceutical technology on the same day it is introduced to the rest of the country. Thus, for much of rural America, quality medical care and medicine are basically one and the same.

It is, therefore, of grave concern to the National Grange that some members of Congress are seriously considering changes to current law that could disrupt both the availability of new medicines and the introduction of lower-cost generic drugs. For almost two decades, the American consumer has benefited from the provisions of the Hatch-Waxman Act, ground-breaking legislation that dramatically expanded the generic drug market. Since its enactment in 1984, more than 8,000 generic drug petitions have been filed with the FDA and generic drugs now account for almost 50 percent of all pharmaceutical sales.

The 1984 law also established a delicate and highly successful balance between the patent rights of the innovator companies and the generic manufacturers' need to bring products to market as quickly as possible. The result is that investment in the research and development of new medicines has increased dramatically over the past 18 years from just under $4 billion in the late 1980s to over $30 billion today. This is a medical life-line for rural America - a life-line that cannot and should not be compromised.

In agricultural terms, the harvest created by Hatch-Waxman has been enormous. Consumers have benefited, the generic drug industry has prospered, and the innovator pharmaceutical companies have had the right incentives to continue to develop new and more effective medicines, medicines that are desperately needed to bring quality health care to rural America. The National Grange needs your assistance to help alleviate this new medical crisis that is threatening rural America. We urge you to promptly reject S.812 and other short sighted proposals to amend current law to deny full patent protection to new pharmaceuticals. Any attempt to amend the current Hatch-Waxman Act would upset the successful pharmaceutical applecart that has delivered a bumper crop of positive medical products to all Americans but especially to those living in rural America.

Sincerely,

Kermit W. Richardson
President National Grange of the Order of Patrons of Husbandry

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