The eventual structure of any user fees that the generic industry may pay could be shaped to some degree by the makeup of the Senate's Health, Education, Labor and Pensions Committee, which would have responsibility for any user fee bills. So the presence of newly-elected Sen. Joe Manchin, D-W.Va., who has joined the panel at least for the rest of the year, is interesting.

Both generic and brand companies contributed to Manchin's campaign. OpenSecrets.org reports that his donations from pharmaceutical PACs were $1,000 each from Amgen and Watson, $2,500 from the Generic Pharmaceutical Association, $5,000 from Pfizer, and $10,000 from Mylan, whose president, Heather Bresch, is Manchin's daughter.

Manchin brings with him a governor's experience with Medicaid and drug access issues, and a strong working relationship with brand firms (Also see "Sen. Byrd's Seat Could Be Filled By More Rx-Focused Successor" - Pink Sheet, 28 June, 2010.).

As governor of West Virginia, Manchin worked with the pharmaceutical industry to create West Virginia Rx in 2008. The program provides uninsured state residents with medications they need. Abbott, Alcon, AstraZeneca, Johnson & Johnson, King, Lilly, Merck, Novartis and Sanofi Aventis contribute drugs to the program, which does not distribute generic products.

He has said he is open to changes to the health care reform law, but has not specified whether any involve issues relevant to the pharmaceutical industry. His first vote for passage of a bill was for food safety legislation that is now part of a House-passed continuing resolution that contains appropriations to fund the federal government in fiscal 2011.

The West Virginia Democrat was sworn in for the lame duck session following his election to serve out the term of Democrat Robert Byrd, who passed away June 28. Manchin gained the seat on HELP when he replaced Carte Goodwin, whom Manchin had appointed to temporarily take Byrd's place.

The slot on HELP opened up for Goodwin when Ohio Democrat Sherrod Brown left to replace Byrd on the Appropriations Committee.

Manchin's stay on HELP may be short-lived as senators change committees for the 112^th Congress that begins Jan. 3.

The Republicans' gain of six seats brings the breakdown of the Senate to 51 Democrats, 47 Republicans and two independents, a fact that changes the ratio of each party's members on the committees. Negotiations have begun between the Democrats and Republicans on that and assignments will be made once the numbers are decided.

Sens. Chris Dodd, D-Conn., and Judd Gregg, R-N.H., who both retired, are the only members of HELP who will not be returning to the 112th Congress.

Manchin has asked to remain on HELP, as well as the Armed Services Committee, and to join the Budget and the Rules and Administration Committees.

Manchin To HELP, For Now

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