Oregon PDAB adopts policy cleanup, asks staff to draft targeted out‑of‑pocket caps for flagged drugs

The Prescription Drug Affordability Board on Feb. 18 adopted a revision to its policy on handling confidential submissions and directed staff to prepare draft recommendations for targeted out‑of‑pocket cost caps for drugs the board identifies as presenting affordability challenges.

Courtney Whitlock, a PDAB staff member, walked the board through the proposed policy edits, which staff and Department of Justice counsel prepared after a manufacturer submitted—and then redacted—a letter containing confidential material. Whitlock said the revised language clarifies that staff will not present redacted trade‑secret material to the full board for deliberation and that the policy aligns with state records requirements.

The change was put to a motion and approved by roll call. Melissa (the clerk) recorded votes of “Yes” from Lori Hoagland, Dan Kennedy, Michelle Koder, Chris Lehman and acting chair Dan Hartung; Chair Shelley Bailey and member John Murray were excused. The motion passed.

Why it matters: The revision narrows the circumstances under which board members would see or manage confidential submissions and removes language that previously suggested the board could deliberate on trade secrets in executive session. That reduces legal risk and aims to make public records handling clearer for both manufacturers and the board.

Alongside the policy vote, staff briefed members on process guidance for the 2025 drug review report and the 2026 preliminary list. Executive Director Sarah Young demonstrated a new interactive dashboard and said staff will post community forum dates and outreach materials for April and May. Young also reminded members that drug price transparency reporting templates for carriers and PBMs were released and that manufacturer reporting deadlines were extended to April 15 this year to allow time for new guidance.

On substantive recommendations, the board debated several proposals that had been grouped by staff into “buckets.” After discussion, the board agreed not to include broadly worded system‑wide reforms in the 2025 report (things like blanket bans on specialty tiers or broad prohibitions on midyear formulary changes). Instead, members asked staff to draft language focused on targeted out‑of‑pocket cost caps for the specific drugs the board flags in its affordability reviews.

"I think my policy preference is out‑of‑pocket caps on the drugs we identify as having affordability issues," acting chair Dan Hartung said, adding that such caps have precedent in insulin policy and could give immediate relief to patients while staff evaluate broader system effects.

Next steps: Staff will draft recommended report language and develop the data call for the subset list of drugs the board must select next month (statutory authority allows identifying up to nine drugs). Members were asked to submit their drill‑down methodologies and product suggestions to staff within the next one to two weeks so staff can prepare materials for the March meeting.

The board also discussed House Bill 4040 language that had been amended to allow the board to identify up to nine drugs and to permit—but not require—identifying at least one insulin product; that change alleviated some earlier concerns about having to single out an insulin product.

The board adjourned at 11:57 a.m.; the next meeting is March 18 at 8 a.m.