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Yahoo! BuzzBy John Kamp, Executive Director, Coalition for Healthcare Communication
June 28, 2012 – In a 5-4 decision, the U.S. Supreme Court today upheld the mandate in the Affordable Care Act (ACA) that nearly all individuals purchase health insurance
or face penalties. However, the Court restricted the federal government from withdrawing all Medicaid funds to states that do not comply with the Act’s new coverage requirements.
With the exception of the Medicaid provisions, virtually all major provisions of the ACA stand, including the drug discount and other provisions supported by PhRMA, the pathway for approval of follow-on biologics, the Sunshine Act (which creates the national registry of payments to physicians), and the extension of care and medicine to as many as 30 million additional U.S. citizens.
This decision, much discussed by news pundits, may conclude this particular case, but it will not end the debate over health care in this country during the Presidential election and beyond.
For the medical agency and publishing industries, the decision means that efforts to prepare for the implementation of the ACA provisions will continue, but that close attention must be paid to possible legislative changes and the adoption of new rules to implement its most relevant provisions.
Meanwhile, the most significant facts facing the biopharmaceutical and device industries will be the continued pressure by the government and all payers to reduce prices, as well as continued criticism by some policy makers of company
relationships with industry and of professional communication and consumer marketing.
Stay tuned.
According to an informal poll by Med Page Today, over half of the the medical professionals that responded believe the Supreme Court did the right thing.
At the End of the Day, Medicine is Vital
By Jack Angel, Education Foundation Executive Director,
Coalition for Healthcare Communication
Although many are deeply disappointed with the recent U.S. Supreme Court decision on the Affordable Care Act (ACA), especially those hoping that the Sunshine Act would be the baby thrown out with the bathwater, all is not lost. I believe that a very strong case has been made with regulators regarding the glaring unintended consequences the Sunshine Act may bring. Those concerned about such consequences should be comforted by the fact that, generally, the rulemaking process tends to soften the original drafts to eliminate the more draconian measures. I believe that this will be the case with the Sunshine Act.
At the risk of committing a bit of heresy here and stepping back from the fray, there are some positives to consider. For openers, I don’t think there is one American who doesn’t believe that our healthcare system is in distress and that changes are in order. If you are blessed with some form of healthcare coverage, it is not hard to accept the status quo. But if you are one of those 30 million or 40 million Americans who is just one diagnosis away from financial disaster, it becomes quite a different picture. So the issue will continue to be debated and I would submit that what comes out the other end will not be a mirror image of what it looks like now.
In the meantime, the pharmaceutical industry has made a calculation that the addition of millions more covered patients will offset the concessions they have made to help render the ACA affordable. Many, including me, feel that this calculation may be very conservative. So the health of the industry, as demonstrated by market reaction to the Supreme Court decision, and logically the health of those of us who serve the industry, should be reasonably stable for the near future.
Close vigilance and behind-the-scenes planning continues at the Coalition. And our PhRMA colleagues are moving more deliberately than we have seen in the past to educate our government, the media, and world leaders about medicines and the important contributions they make every second of every day. We all need to keep this in mind as we go about our day-to-day activities. Medicine is an indispensible element of our nation’s health.