“It didn't have to be this way,” said Republican Rep. Greg Walden. “But they're just waiting to cut the TV ads." | Zach Gibson/Getty Images health care House passes drug pricing bills paired with Obamacare fixes Democrats force GOP members to vote no on a popular issue.

House Democrats this evening passed the session’s first legislation aimed at lowering drug prices, as the party looks to solidify its political advantage on a key issue for voters ahead ahead of 2020.

The health care vote — the House’s second in two weeks — came over bitter protests from Republicans, who accused Democratic leaders of politicizing once-bipartisan drug price proposals by pairing them with polarizing measures to strengthen Obamacare. The bill is unlikely to survive the GOP-controlled Senate.


But Democrats touted the package as proof they’re focused on fulfilling the campaign vows that won them the House majority, even amid the constant swirl of White House-driven investigations and intrigue.

“Health care, health care, health care. That is what is of concern to the American people,” House Speaker Nancy Pelosi said ahead of the 234-183 vote. “We’re continuing our drum beat on the prescription drug prices, on the pre-existing conditions.”

Five Republicans voted for the measure.

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The legislation includes three bipartisan drug pricing provisions restricting anti-competitive behaviors by pharmaceutical companies alongside a slate of proposals reversing Trump administration policies designed to undermine the Affordable Care Act.

That combination infuriated Republicans who spent months negotiating the drug pricing measures, and even prompted some grumbling from moderate Democrats eager to show some semblance of bipartisanship on a top health care priority.

“I’m not very happy at all,” said Rep. Buddy Carter (R-Ga.), whose bill limiting generic drugmakers’ ability to block competitors was included in the package. “They know that we’re not going to be able to support this, and for them to put that in there I think is just poor policy.”

House Democrats defended the maneuver as a budgetary necessity. The trio of drug pricing bills would collectively save about $4 billion over a decade, making them valuable offsets for the Obamacare bills that call for greater federal spending to shore up the health law's insurance markets and reverse cuts imposed by the administration.

None of the drug pricing measures are expected to dramatically lower the cost of medicines, but they represent a first step toward fixing an issue that polls show is resonating with voters of all political stripes.

Republicans today unsuccessfully offered a series of amendments on the House floor in a last-ditch bid to secure standalone votes on those proposals — accusing Democrats of sacrificing good legislation to score political points.

“It didn't have to be this way,” said Rep. Greg Walden (R-Ore.), ranking member of the House Energy and Commerce Committee,where the bills originated. “But they're just waiting to cut the TV ads."

The hard feelings could seep into other common-ground health policy priorities like protecting patients from "surprise" medical bills and a series of key health care policy extensions.

“For Republicans, they say okay we did this once, but we’ll have to trust you again,” said Rodney Whitlock, a health consultant and former GOP congressional aide. “This is the first time — if there is a second time, there won’t be a third.”

The inclusion of the Obamacare provisions makes it all but certain that the Senate will ignore the combined package, leaving the drug pricing measures in limbo.

House Democratic leaders tentatively plan to revive those bills later this year and roll them into broader must-pass legislation, said one person familiar with the thinking. Yet that could prove risky, and delay action for up to half a year.

“Generally speaking, the House puts itself in a stronger negotiating position with the Senate when they do bipartisan work,” Whitlock said. “This is effectively saying they are not going to be.”

Democratic leaders concluded the political benefits of devising a single health care package outweighed those risks, according to people familiar with the strategy, especially on an issue the party has made central to its platform ahead of the 2020 elections.

Protect Our Care, a pro-Obamacare group closely aligned with Democratic leadership, is launching ads in 20 districts represented by vulnerable House Democrats praising their vote to “[stand] up to the big drug companies.”

At the same time, it forced House Republicans who similarly pledged to take on pharma to vote against the chamber’s first major legislation on the issue — or else betray the Trump administration on its separate efforts to weaken Obamacare.

But Democrats in recent weeks also worried that the GOP would seize on a bipartisan drug price vote as evidence that President Donald Trump is following through on his vows to slash pharmaceutical costs. That could cost Democrats leverage in negotiating their bigger priorities on drug pricing like empowering Medicare to negotiate directly with drugmakers.

And the tactic puts the Senate on the spot, potentially making Republican leaders appear to be obstructing progress on drug pricing if they don't take up the House package.

"I would be very surprised if the ACA stuff survives that [House and Senate] conference unless Democrats ultimately decide they would rather have no deal and live to fight another day," said drug industry lobbyistMichael Werner, who lobbied on some of the pharmaceutical bills. "We've got about a year until we're in full political season anyway, and then all bets are off."

Some Democrats who had pushed for a standalone drug pricing vote expressed misgivings ahead of tonight's vote, arguing it was important to claim an early bipartisan win after the party campaigned nationwide on cutting pharmaceutical costs.

“Maybe I’m naive ... I like people to get along,” said swing-district freshman Rep. Jeff Van Drew (D-N.J.), who emphasized he’ll still support the package. “It’s nice to be able to go home and say we passed legislation that was signed and is now law. That’s the point. Just doing bills to do bills is a little bit tough going.”

House Energy and Commerce Health Subcommittee Chairwoman Anna Eshoo (D-Calif.) had pushed for separating the drug price and ACA bills alongside Rep. Peter Welch (D-Vt.), who has spearheaded much of the committee’s work on drug pricing. Reps. David Cicilline (D-R.I.) and Kurt Schrader (D-Ore.), each lead sponsors of drug bills included in the package, were also among those with a preference for a standalone vote.

“For now, it’s fine. I think we’ll live to fight another day,” Schrader said. “Our leadership’s still figuring out how to play in the sandbox right now, it’s all new to them. So I’ll give them some slack, they’re doing a good job.”

