Building a Better World, Together

What's at stake: For years, pharmacists knew that consumers could sometimes pay less for a prescription drug by not using their insurance—but couldn't tip them off because of so-called gag clauses in contracts between pharmacy owners and pharmacy benefit managers. (Technically, pharmacists were allowed to discuss it but only if the consumer knew to ask.)

The good news is that gag clauses will soon be banned thanks to the Patient Right to Know Drug Prices Act and the Know the Lowest Price Act. Sponsored by Sens. Susan Collins, R-Maine, and Debbie Stabenow, D-Mich., respectively, and signed by President Trump in September, the bipartisan laws together apply to both private insurance and Medicare drug coverage.

How CR has your back: CR supported both laws but also worked to pass stronger measures on the state level. In particular, we pushed for a new California law that doesn't just allow pharmacists to tell patients whether lower prices are available—it requires them to do so.

Equally important, we successfully fought to include a guarantee that the money paid out-of-pocket by Californians to save on covered drugs can now be counted toward their insurance deductibles. This is vital because without such a provision, money you save by paying cash for drugs could be lost if your insurance takes longer to kick in as a result.

We'll push to bring these protections to the federal level.

What you can do: Gag clause or not, it's vital to ask your pharmacist whether you're getting the best price. For tips on reducing drug spending, see our May 2018 issue or go to CR.org/drugcosts.

What's at stake: When doctors are put on probation for misconduct by state medical boards, their patients may have no idea—unless they take the time to research their physician's disciplinary history.

That's set to change in California in July, when a law goes into effect requiring doctors to notify their patients when they have been put on probation for certain offenses involving harm to patient health, including sexual misconduct, drug abuse, criminal convictions, and inappropriate prescribing of medication.

"Patients shouldn't be left in the dark when their doctor has been put on probation for conduct that could put their health at risk," says David Friedman, vice president of advocacy at Consumer Reports. "California's landmark law protects patients' right to know."

How CR has your back: CR first helped bring this issue to public attention in 2015, when we petitioned the Medical Board of California to require patient notification. (Our story ran in the May 2016 issue of the magazine.) When the petition was turned down, CR joined Sen. Jerry Hill and patient safety advocates to urge state lawmakers to support legislation. Three years of lobbying later, state lawmakers approved the measure on the final day of this year's legislative session.

What you can do: To see whether your doctor has a disciplinary record, go to docinfo.org, run by the Federation of State Medical Boards. If you find anything there under "Actions," click on the link, which will take you to your state website for more details.

What's at stake: Net neutrality is the notion that all information should flow freely over the internet on equal terms. California will soon become the latest state to restore net neutrality protections after the Federal Communications Commission repealed them at the federal level in late 2017.

The law, considered the most comprehensive in the nation, will defend consumer choice and competition by preventing internet service providers from blocking, slowing, or giving preferential treatment to any websites or apps.

California joins several states, including Washington and Oregon, that have taken such action. But California's outsized influence means its law has the potential to shape markets across the country.

How CR has your back: CR advocates met with lawmakers and the governor's office—and our California members sent more than 20,000 emails to their representatives—in support of the bill.

Unfortunately, the federal Department of Justice moved quickly to challenge the California law, arguing that individual states lacked the authority to enact their own rules. We disagree and joined a coalition of groups in backing the law. Then, in October, the parties agreed to delay the case while a separate federal challenge to the FCC's net neutrality repeal is resolved.

What you can do: CR also supports a federal bill, introduced by Sen. Ed Markey, D-Mass., that would reverse the FCC's repeal and reinstate net neutrality. It passed the Senate with bipartisan support in May 2018 but is currently stalled in the House. Go to CR.org/savenetneutrality to tell your representative to restore net neutrality protections.