Geilfuss, Faget Comment on Implications of Possible ACA Ruling
December 19, 2018
Modern Healthcare
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 spending,” 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.
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.
People
Related News
June 11, 2025
In the News
Foley Named Top US Firm for IP Lateral Hires by ManagingIP
Foley & Lardner LLP was named the top United States firm for intellectual property lateral partner hires in April and May 2025 based on data from ManagingIP's Talent Tracker.
June 10, 2025
In the News
Lynn Gandhi Sheds Light on Supreme Court Tax Ruling
Foley partner Lynn Gandhi commented in the Bloomberg Tax article "High Court’s Catholic Charities Case to Go Beyond Unemployment," sharing insight on the implications of a recent Supreme Court ruling in a tax case.
June 10, 2025
In the News
James McFall Joins Iconic Athletes and Leaders in Launch of Stanford Football Alumni United
Foley & Lardner LLP is proud to announce that partner James Carlos McFall is a founding member of Stanford Football Alumni United (SFAU), a newly formed coalition of former players and leaders committed to supporting Stanford Football’s continued growth and national competitiveness.