Typically, a company that owns a patent pays the company that makes the generic to keep their product off the market.
Several such lawsuits have been settled for millions of dollars. "The drug companies are on notice that this conduct will be challenged by the states, even if federal enforcers take no action," McGraw said.
Stottlemeyer comes back to the fact that health-care costs — including prescription drug prices — are expected to double within five years.
All these things, however helpful and necessary, are fingers in the dike, she said. "We need major change."
She is less than thrilled with Congress' Medicare proposals for seniors. "The prescription drug parts won't do anything for seniors 'til 2006, and even then, they have huge holes in coverage, with large co-payments. A lot of people in West Virginia won't be able to afford it."
Sen. Jay Rockefeller — one of eight Medicare conferees — also has major problems with both bills. Neither regulates the price of prescription drugs. Consumer advocates describe both as a "windfall" for pharmaceutical companies.
Rockefeller, D-W.Va., called the Senate bill a scam and said it is "cynical and disingenuous." It sets no national premium and leaves private insurance companies free to decide what they will charge from region to region. It sets no standard benefits.
It leaves a big gap in coverage: After a senior spends $4,500 on drug costs, coverage stops until the senior spends $5,800.
Rockefeller favors allowing Americans to buy drugs from Canada. Though both the Senate and the House passed "re-importation" bills, those bills are stuck fast in committee with no signs of movement, advocates say.
This is not logical, Stottlemeyer says. But national patient advocates point out the fact that the pharmaceutical industry employs more than 600 lobbyists in Washington alone and donated about $25 million during the 2002 campaign cycle.
About 23 percent went to Democrats and 75 percent to Republicans. PhRMA, the industry lobbying group, has upped its lobbying budget by 23 percent for 2003-2004, according to internal PhRMA documents obtained by the New York Times.
They make it more complicated than a complicated subject needs to be, Stottlemeyer says. She goes back to the Federal Supply Schedule and Veterans Administration prices. "Medicare should negotiate prices comparable to what the VA pays for prescription drugs, then provide prescription drugs for seniors that way," she said. "It's the only thing that makes sense."