Researchers at the University of Southern California went through 9.5 million pharmacy claims from the first half of 2013 and found that in about 23 percent of them, the patient's copay was higher than the total cost of the drug. Patients in those cases paid an average of $7.69 more than the prescription was worth, the team reported in a March 2018 research letter in JAMA1.
The overpayments were concentrated in generics. More than 28 percent of generic claims in the sample involved a copay above the drug's cost, against about 6 percent of brand claims, according to a summary of the study2 from the university's Schaeffer Center for Health Policy and Economics.
Congress acted on the issue the same year. Two federal laws signed on Oct. 10, 2018, ended contract clauses that had kept pharmacists from telling patients when paying cash would cost less. The laws did not set any price, and they do not require the pharmacist to bring it up.
Why a copay can exceed the drug's cost
A copay is a fixed amount set by the plan's benefit design, for example a flat dollar figure for every generic on a given tier. It does not move with the drug's actual cost. Many common generics with several makers cost a pharmacy very little per tablet. When the whole cost of a fill, including the pharmacy's dispensing fee, comes to less than the flat copay, the patient pays more than the prescription is worth.
A simple illustration, with round numbers made up for the purpose. Say a plan charges a $10 copay for every preferred generic, and the pharmacy's total for a 30-day fill of one generic, drug plus dispensing fee, is $6. The patient still pays $10. If the same pharmacy's cash price for that fill is $8, paying cash costs $2 less.
Deductibles add another wrinkle. A patient who has not yet met a deductible, common in the plans covered in our piece on high-deductible health plans and generics, pays the plan's negotiated price, which may be higher than the pharmacy's own cash price for the same drug. A cash price is set by the pharmacy and covers its cost to buy the drug plus a dispensing charge and margin. For a low-cost generic, that total can come in under the copay.
What the 2013 claims showed
The Schaeffer Center summary2 lays out the main numbers.
| Measure | Finding |
|---|---|
| Claims analyzed | 9.5 million (first half of 2013) |
| Claims where the copay exceeded the drug's total cost | About 23% (2.2 million claims) |
| Share of generic claims affected | 28.17% |
| Share of brand claims affected | 5.95% |
| Average overpayment per affected claim | $7.69 |
| Overpayments above $10 | Nearly 1 in 5 |
| Total overpayment in 2013 | More than $135 million ($10.51 per member per year) |
Generics dominate because brand drugs usually cost far more than any flat copay, while many generics cost less.
What federal benchmarks show today
Generic acquisition costs have kept falling since 2013. The GxRadar generic price index, built from NADAC, stood at 47.4 in October 2026 (January 2014 = 100), down about 53 percent. The best public yardstick is NADAC, the National Average Drug Acquisition Cost, which CMS publishes as weekly reference data3 from a survey of what retail pharmacies pay on their invoices. GxRadar's analysis of those files through October 2026 shows how little a month's supply of several everyday generics costs a pharmacy to buy.
| Drug and strength | NADAC per tablet, October 2026 | Ingredient cost of 30 tablets |
|---|---|---|
| Amlodipine 5 mg | $0.0102 | $0.31 |
| Lisinopril 10 mg | $0.0181 | $0.54 |
| Atorvastatin 20 mg | $0.0283 | $0.85 |
| Losartan 50 mg | $0.0329 | $0.99 |
| Sertraline 50 mg | $0.0348 | $1.04 |
| Levothyroxine 50 mcg | $0.0404 | $1.21 |
Figures are GxRadar's monthly medians of weekly NADAC values; 30-tablet costs are rounded. NADAC is a benchmark of invoice cost. It leaves out the dispensing fee and the pharmacy's margin, and no pharmacy is required to charge it. For scale on the fee side (our explainer on how dispensing fees work has more), New Jersey's Medicaid program paid pharmacies a $10.92 dispensing fee per prescription4 in the quarter ending September 2026.
Even so, the gap is instructive. If a 30-day supply of a generic costs a pharmacy about a dollar and a patient's copay is $15, a cash price is worth asking about. Our price tracker has the full NADAC history for 47 generics, and the explainer on what NADAC measures covers its limits.
The 2018 laws that ended gag clauses
For years, some contracts between pharmacies and pharmacy benefit managers restricted pharmacists from volunteering that a cash price was lower than the copay. In 2018 Congress passed two Senate bills, S. 2553 and S. 2554, to end them; both became law that October as Public Law 115-2626 and Public Law 115-2635.
| Law | Public law | Who it covers | Main provision |
|---|---|---|---|
| Know the Lowest Price Act of 2018 (S. 2553) | 115-262 | Medicare Part D drug plans and Medicare Advantage drug plans | A plan may not restrict a pharmacy from telling an enrollee that the drug would cost less without insurance, or penalize it for doing so; applies to plan years beginning on or after Jan. 1, 2020 |
| Patient Right to Know Drug Prices Act (S. 2554) | 115-263 | Group health plans and health insurance issuers, and PBMs working for them | A plan or its PBM may not restrict a pharmacy from informing an enrollee of the difference between the out-of-pocket cost under the plan and the price without coverage, or penalize it for doing so |
The private-plan law defines out-of-pocket cost to include "any cost-sharing (including any deductible, copayment, or coinsurance)," according to the text of Public Law 115-2635. The Medicare law, Public Law 115-2626, covers the "negotiated price of, or copayment or coinsurance for," a drug. Neither obliges a pharmacist to raise the subject every time, so in practice the most reliable way to learn the cash price is still to ask.
Questions to ask at the pharmacy
- What is my cost with insurance for this fill?
- What would it cost if I paid without insurance?
- Does the pharmacy have its own cash or discount price list for generics?
- Would a different quantity or day supply change the price? (Your prescriber decides what is appropriate, so ask them before any change to how a prescription is written.)
- If I pay cash, will this purchase count toward my deductible or out-of-pocket limit?
That last question carries weight. When a patient pays outside the plan, the purchase may not be recorded by the plan, so it may not count toward a deductible or an annual out-of-pocket cap. Medicare Part D now has an annual out-of-pocket limit, covered in GxRadar's piece on Part D changes in 2025 and 2026, and for someone with high drug costs, having every fill counted can outweigh a few dollars saved on one generic. The plan's member services line can say whether it will credit a cash purchase and what paperwork it needs.
For many Medicare enrollees the copay is already small. The average Part D enrollee paid $2.92 out of pocket per 30-day generic fill in 20227, according to HHS's Office of the Assistant Secretary for Planning and Evaluation, so the cash comparison matters most for people whose generic copays are well above that.
Prices differ by pharmacy and over time
Cash prices vary from pharmacy to pharmacy for the same drug, sometimes widely, because each one sets its own; GxRadar's explainer on why the same generic costs different amounts goes into the reasons. They also shift as acquisition costs move. A cash price that beat the copay last year may not this year, and the reverse is possible. Some pharmacies post cash prices for a list of common generics, others quote on request, and our guide to asking for the cash price has wording that works on the phone.
None of this involves changing the medicine itself. Questions about whether a different drug, strength or form would suit a patient belong with the prescriber or pharmacist. The NADAC figures above will update with the next weekly file from CMS.
Sources and notes
- Van Nuys K et al. (2018). Frequency and Magnitude of Co-payments Exceeding Prescription Drug Costs. JAMA 319(10):1045-1047 (PubMed record)
pubmed.ncbi.nlm.nih.gov/29536088/ - USC Schaeffer Center (2018). Study finds consumer copays frequently exceed cost of common prescriptions
schaeffer.usc.edu/research/study-finds-consumer-copays-frequently-exceed-cost-of-common-pr - CMS via data.medicaid.gov (2026). NADAC (National Average Drug Acquisition Cost) 2026 weekly reference data
data.medicaid.gov/dataset/fbb83258-11c7-47f5-8b18-5f8e79f7e704 - CMS (2026). Medicaid Covered Outpatient Prescription Drug Reimbursement Information by State, Quarter Ending September 2026
www.medicaid.gov/medicaid-prescription-reimbursement-quarter-ending-sep-2026.pdf - Congress (2018). Public Law 115-263, Patient Right to Know Drug Prices Act
www.govinfo.gov/content/pkg/PLAW-115publ263/html/PLAW-115publ263.htm - Congress (2018). Public Law 115-262, Know the Lowest Price Act of 2018
www.govinfo.gov/content/pkg/PLAW-115publ262/html/PLAW-115publ262.htm - ASPE (2024). Generic Drug Utilization and Spending Among Medicare Part D Enrollees (issue brief, 2022 data)
aspe.hhs.gov/sites/default/files/documents/920ec8349c53a362b27e3b10669dafd4/generic-drug-l
Superscript numbers in the text link to these sources. GxRadar data (NADAC histories, recall and shortage counts) come from CMS and FDA files described on the sources page. Researched and drafted with AI assistance and checked against the sources above. Information current as of Nov 3, 2026 and may change. Spot an error? It will be corrected once confirmed.
Drug data in this article
Atorvastatin 20 mg tabletLisinopril 10 mg tabletLosartan 50 mg tabletAmlodipine 5 mg tabletLevothyroxine 50 mcg tabletSertraline 50 mg tabletCited by
Copay accumulators and maximizers, and the rules that govern themHow to appeal a drug coverage denialHow to compare pharmacy cash prices for a generic prescriptionMost-favored-nation drug pricing, from the 2020 rule to the 2026 modelsState drug price transparency laws, and what they showWhat "Rx only" on a drug label meansWhat pharmacies pay for seven blood pressure generics, 2014 and 2026How pharmacies get paid for a prescriptionLevothyroxine and the price of a daily pillWAC, AWP, NADAC, MAC, FUL and ASP comparedWhat pharmacies pay for a month of common genericsWhy the same generic costs different amounts at different pharmaciesA script for talking to your pharmacist about priceHigh-deductible health plans and generic drugsHow prescription discount cards workHow to ask for the cash price at the pharmacyPatient assistance programs, Extra Help and 340B, comparedTiered formularies explainedUsing an HSA or FSA for prescriptionsWhy a 90-day fill often costs less than three 30-day fillsHow Medicare Part D pays for genericsMedicare Part D changes in 2025, 2026 and 2027Not health advice. GxRadar is for general information only. Nothing here is medical, pharmacy, legal or financial advice. Do not start, stop or change any medicine based on this site. Talk to your pharmacist or prescriber about your own situation. Laws, prices and program rules described here can change; confirm current details with the official source.