Partner Fred Geilfuss and Special Counsel Kyle Faget were quoted in a Modern Healthcare
article, “ACA repeal wouldn’t stop transition to value-based payment, efforts to lower drug spe
nding,” about what would happen if the Affordable Care Act is ultimately held to be unconstitutional.
Geilfuss said providers that have already invested in the infrastructure, technology and staff to facilitate new payment models like accountable care organizations, bundled payments and Medicare Shared Savings would probably continue to do so. “To just throw that out seems very unlikely,” he said. “There would be a lot of people who are motivated to figure out a way to continue that momentum.”
Faget said if the ACA is found to be unconstitutional, Congress would probably reenact the Biologics Price Competition and Innovation Act of 2009, which was folded into the ACA, as a standalone law. The act allows the Food and Drug Administration to approve biosimilars, which mimic expensive biologic drugs made from living organisms. “Biosimilars are absolutely a big part of reducing drug prices,” she said.