With the sense of urgency rightly focused on slowing or stopping the spread of Covid-19, it seems like everything else in the news, and in health care, has come to a grinding halt. Yet important decision-making continues in the background, including some that could have long-lasting effects on health care today and in the future.
One of these is the decision by the U.S. Supreme Court to hear California v. Texas, a case that will decide whether most or all of the Affordable Care Act should be overturned.
The story of how the case got back to the Supreme Court is a long one, but there is an underdiscussed component of the ACA that the court’s decision could affect: the fate of the U.S. biosimilars market, which is key to lowering health care costs. The outcome of the cases could affect biosimilars because embedded within the ACA is the Biologics Price Competition and Innovation Act (BPCIA). This act created a regulatory pathway for biosimilar medicines and marked the beginning of a new era for biologic treatments in the United States….