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The Medicare Drug Price Negotiation Program exempts or delays negotiation for drugs with orphan indications. Whether these protections are necessary to sustain orphan drug development is unclear. We compared clinical trial costs, worldwide revenues, and time to cost recovery for 167 drugs projected to exceed $200 million in annual Medicare spending, classified by orphan status: exempt under the Inflation Reduction Act (IRA); exempt under the One Big Beautiful Bill Act (OBBBA); subject to delay under the OBBBA; and not orphan or not qualifying for exemption or delay. Overall, 94 percent recovered clinical trial costs within ten years of global launch. IRA-exempt drugs were younger, had lower trial costs but comparable revenues, and recovered costs more quickly than nonqualifying drugs. OBBBA-exempt and OBBBA-delayed drugs did not differ significantly from nonqualifying drugs. Drugs benefiting from orphan protections recovered development costs at rates comparable to or faster than those of nonqualifying peers, calling into question the need to protect blockbuster orphan drugs from negotiation.
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Chen et al. (2026) studied this question.
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