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Capitol Health Call
May 13, 2009

Exclusion Payments

JAMA. 2009;301(18):1868. doi:10.1001/jama.2009.607

Companies producing patent-protected medications will not be able to guard their market shares by paying generic manufacturers to delay their production of similar pharmaceuticals, if a House bill introduced March 25 becomes law.

The Protecting Consumer Access to Generic Drugs Act of 2009 (HR 1706 [http://thomas.loc.gov]) is intended to clear up the misunderstandings of current laws following recent court rulings regarding the Hatch-Waxman Act of 1984 and involving such drugs as ciprofloxacin and tamoxifen. That law was designed to promote the production of generic drugs while maintaining financial incentives for research and development by proprietary manufacturers, said the bill's sponsor, Rep Bobby Rush (D, Ill).