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“PPACA: What’s Next For Life Sciences Companies” published in Life Sciences Law360

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Konstantin Linnik, a member of the firm’s Intellectual Property and Life Sciences practice groups, published “PPACA: What’s Next For Life Sciences Companies” in Life Sciences Law360’s “Expert Analysis” section on August 24.

The article discusses the recent U.S. Supreme Court ruling which largely upheld the Patient Protection and Affordable Care Act (PPACA). The PPACA will add millions of Americans to the pool of health care consumers. But the Supreme Court also held that the federally subsidized Medicaid expansion is optional for the states; therefore, as recently confirmed by the U.S. Congressional Budget Office, fewer people will be added to the pool than originally projected.

The article highlights key provisions of the PPACA and how they affect pharmaceutical, biotech and medical device companies after the Supreme Court’s decision. One of the most significant undisturbed parts of the PPACA for the biotech industry is the newly established approval pathway for biosimilar products, also known as the Biologics Price Competition and Innovation Act (BPCIA).

Konstantin notes that some will gain and some will lose under the PPACA decision. What is certain is that there will be changes for life sciences companies. Life sciences companies have always had to pay attention to state and regional differences in commercializing their products. However, with the anticipated variations in Medicaid expansion and health exchange adoption, manufacturers must pay even greater attention to states as they contemplate the PPACA’s impact on their customer base.

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