The Struggle to Find a Home in the Affordable Care Act and a Place in History

Pharmaceutical Compliance Monitor, Forthcoming

2 Pages Posted: 14 Oct 2013

See all articles by Craig B. Garner

Craig B. Garner

Pepperdine University - Rick J. Caruso School of Law; Garner Health Law Corporation

Date Written: October 14, 2013

Abstract

When discussing the prospect of change to the structure of the American health care system, a little background is in order. Historically, the pharmaceutical industry has yielded to certain cyclical patterns that emerge when a new drug or treatment is introduced to the marketplace or new regulations come into effect, resulting in an initial surge followed in time by greater restraints imposed from both the federal and state level. Since its inception in 2010, the Affordable Care Act has in many ways preempted these cycles as it seeks to provide a nearly universal health care blanket by constructing a new foundation made of regulatory building blocks aimed at shifting emphasis from a cost based to a performance driven philosophy that it believes will reduce fraud and waste, thereby lowering costs across the board. Within its folds exist a number of pharmaceutical specific studies and programs designed to more accurately police the industry as the federal government attempts to curtail spending. With the emergence of the ACA, today’s pharmaceutical companies find themselves in an all too familiar situation, overlooking a vast new horizon of potentiality while beset by a host of new rules, where the prospect of greater market opportunity grapples with the restrictions that accompany increased regulation.

Suggested Citation

Garner, Craig B., The Struggle to Find a Home in the Affordable Care Act and a Place in History (October 14, 2013). Pharmaceutical Compliance Monitor, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2340047

Craig B. Garner (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

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HOME PAGE: http://www.garnerhealth.com

Garner Health Law Corporation ( email )

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310-458-1560 (Phone)

HOME PAGE: http://www.garnerhealth.com

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