Why does the U.S. remain one of the only advanced economies without direct government negotiation on prescription drug prices?
The United States has long stood out among advanced economies for its reluctance to allow the federal government to directly negotiate prescription drug prices.
Until very recently, Medicare — the largest single buyer of medicines in the country — was legally prohibited from negotiating drug prices, unlike public health systems abroad.
This exceptionalism is not an accident; it’s the product of a complex interplay of political ideology, institutional design, industry lobbying, and cultural narratives about innovation and markets.
Below, I’ll dive into these forces in depth to explain why the U.S. resisted government negotiation for so long and why the changes that are now happening remain incremental compared to peer nations.
1) Political ideology: American skepticism of government intervention
The U.S. has a deep-rooted ideological tradition that associates government intervention in markets with inefficiency, reduced freedom, and even threats to innovation. This ideological framework has been particularly strong in the health care domain.
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“Free-market medicine” narrative: Unlike Europe or Canada, where health care has long been framed as a social right, U.S. political culture has historically emphasized individual choice, private competition, and distrust of centralized authority.
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Fear of “rationing”: Opponents of negotiation often argue that if the government can say “no” to a drug price, it could also restrict patient access. This framing—often amplified by industry campaigns—equates negotiation with rationing and positions private market negotiation as preserving freedom of choice.
This ideological barrier helps explain why proposals for government negotiation face accusations of “socialism” or “price controls” that would allegedly stifle innovation.
2) Institutional fragmentation of the U.S. health system
The U.S. system is fragmented across thousands of private insurers, state Medicaid programs, employer-sponsored plans, and federal programs like Medicare and the Veterans Health Administration (VA). This fragmentation has two consequences:
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No unified bargaining power. In most advanced economies, a single payer (or a small number of coordinated public purchasers) can pool demand and negotiate national prices. In the U.S., each insurer negotiates separately with drugmakers, which dilutes collective leverage.
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Multiple veto points. To enact federal negotiation, reformers must pass through Congress, where the pharmaceutical lobby can target key committee chairs or swing votes. Institutional fragmentation in governance reinforces policy inertia.
There is one important counterexample: the VA already negotiates drug prices directly and maintains a national formulary. But the VA covers a relatively small population compared to Medicare, and efforts to extend similar authority to Medicare have been blocked for decades.
3) The 2003 Medicare Part D design — and the “noninterference clause”
The clearest legal barrier to negotiation arose from the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, which created Medicare Part D (outpatient drug coverage). During the law’s drafting:
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Pharmaceutical lobbyists successfully pushed for the inclusion of a “noninterference clause” that explicitly barred the Secretary of Health and Human Services from negotiating drug prices or establishing a national formulary.
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Instead, private Part D plan sponsors (insurance companies and pharmacy benefit managers) would negotiate prices individually with manufacturers.
This was justified publicly as a way to preserve competition among plans and avoid “government price-setting.” In reality, it entrenched fragmentation and weakened Medicare’s potential leverage as the nation’s largest drug purchaser.
4) Pharmaceutical lobbying power
The pharmaceutical industry is consistently one of the largest lobbying spenders in Washington. Lobbyists deploy several tactics to block government negotiation:
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Campaign contributions and PAC funding. Members of Congress on health-related committees receive significant donations from pharmaceutical companies and trade associations.
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“Revolving door” hires. Former policymakers and congressional staffers are routinely hired by the industry, ensuring access and influence in legislative debates.
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Advertising and grassroots campaigns. Industry groups have funded massive media campaigns warning that government negotiation would kill innovation, jobs, or patient access.
The industry’s political muscle was decisive in 2003 and has repeatedly blunted reform attempts since. Even when negotiation proposals gained traction, lobbying pressure often narrowed their scope or delayed implementation.
5) Innovation argument: protecting R&D
Another central reason negotiation has been resisted is the innovation argument. Industry leaders and their allies argue that U.S. drug prices are higher because Americans effectively “subsidize” the cost of global biomedical innovation:
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High revenues from the U.S. market fund expensive R&D for new drugs, which later benefit the world.
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Negotiation, they claim, would reduce profits and thus reduce incentives for developing breakthrough therapies.
While critics argue this is exaggerated (since marketing and shareholder returns often exceed R&D spending), the narrative resonates strongly in Congress, where fear of “slowing cures” is politically potent. Policymakers are wary of being blamed for limiting future medical breakthroughs.
6) Comparison with peer nations: why the U.S. is different
Most advanced economies treat medicines as essential goods where affordability and access take precedence over maximum industry profits:
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The UK’s NICE uses cost-effectiveness thresholds to determine reimbursement.
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Canada’s PMPRB sets maximum prices based on international reference pricing.
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Germany allows free pricing initially but requires assessment and price renegotiation within a year.
These countries face industry lobbying too, but their institutional frameworks are more resistant. The presence of strong centralized health authorities makes it easier to impose national rules. The U.S., by contrast, built a system around private insurance and deliberately weakened the federal government’s bargaining authority, giving lobbying efforts far more traction.
7) Incremental reforms: The Inflation Reduction Act (2022)
The Inflation Reduction Act (IRA) finally broke the noninterference taboo by granting Medicare limited authority to negotiate drug prices starting in 2026. However, the scope is tightly constrained:
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Only a small set of high-cost drugs will be subject to negotiation.
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New drugs are exempt for several years, protecting launch prices.
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Penalties and enforcement mechanisms are narrower than in other countries.
This reflects both the power of industry lobbying and the political compromises needed to pass the IRA. It’s a landmark change, but still far from the kind of broad negotiation seen in peer nations.
8) Cultural narratives and patient politics
Finally, patient advocacy has historically been divided. While some groups push for affordability, others (often funded in part by the industry) warn against government restrictions that could delay access to new drugs. These narratives muddy public debate and make it easier for lawmakers to defend the status quo.
Conclusion: A uniquely American resistance
The U.S. remains an outlier on drug price negotiation because of the convergence of:
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Ideological resistance to government “interference” in markets.
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Fragmented institutions that weaken bargaining power and create veto points.
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Legal barriers like the Medicare noninterference clause.
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Pharmaceutical lobbying, among the most powerful in Washington.
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Innovation narratives that frame high prices as necessary for progress.
Other advanced economies faced similar pressures but embedded stronger public purchasing mechanisms early on, making negotiation politically and institutionally normal. In the U.S., the opposite trajectory prevailed — with government deliberately sidelined and industry influence entrenched.
The IRA marks the beginning of a shift, but it is carefully circumscribed. Unless structural reforms expand negotiation authority more broadly, the U.S. will likely continue to pay far higher prices than its peers — a testament to the enduring power of political culture and industry lobbying in shaping American health policy.
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