Legal Challenges to Healthcare Reform Threaten Biopharmaceutical Legislation
Foley Partner Antoinette Konski authored an article that appeared in Genetic Engineering & Biotechnology News on March 31, 2011 titled “Legal Challenges to Healthcare Reform Threaten Biopharmaceutical Legislation.” Konski discusses the legal challenges that stand to negate several provisions in the Patient Protection and Affordable Care Act that support domestic biopharmaceutical R&D, stating that some mandates of the Act could help the development of personalized medicine, comparative effectiveness research and regulation of biosimilars. She adds that these benefits to the biopharmaceutical industry would be lost if the Act is declared unconstitutional, noting that there is no guarantee that any replacement legislation would contain identical or similar provisions of benefit to the industry.