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Beyond Borders: Global biotechnology report 2010

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A closer look<br />

Reforming US health care<br />

In March <strong>2010</strong>, after many months of debate and controversy,<br />

health care reform legislation was finally enacted in the United<br />

States. The legislation — which aims to expand access to health<br />

care and boost efficiency in spending and delivery — promises<br />

over time to transform the US health care ecosystem.<br />

While final determination of how certain provisions are to be<br />

implemented will play out in the months and years ahead, it is<br />

clear that life sciences companies will soon face a significantly<br />

reshaped competitive landscape as a result of the legislation.<br />

While pharmaceutical and medical device companies will<br />

be significantly affected, the impact on the <strong>biotechnology</strong><br />

industry depends on a company’s stage of development. Large,<br />

commercial-stage enterprises will be more impacted by some<br />

of the funding mechanisms discussed below, while emerging,<br />

R&D-stage enterprises may benefit from R&D funding provisions<br />

included in the final law. Like companies in all industries, large<br />

biotech companies will also be affected by changes related to<br />

employment-based health insurance coverage.<br />

One of the primary goals of health care reform — expanded<br />

access to coverage — will be realized through a series of policy<br />

changes which will be implemented starting in 2014. These<br />

provisions include mandates requiring individuals to buy and<br />

maintain health care coverage and requiring most employers<br />

to either offer and contribute a minimum amount toward<br />

coverage for their employees or pay a new per-employee fee.<br />

The increased insurance coverage will boost demand for<br />

drugs. However, the increase in volume will be partially or<br />

12 <strong>Beyond</strong> borders <strong>Global</strong> <strong>biotechnology</strong> <strong>report</strong> <strong>2010</strong><br />

Connie Austin<br />

Ernst & Young LLP<br />

wholly offset by changes in payment mechanisms and levels,<br />

driven by increased coverage under Medicaid. The program<br />

is partially funded by an increase in Medicaid drug rebates<br />

and new annual fees and excise taxes on drug manufacturers<br />

and medical device companies. The impact on any individual<br />

manufacturer will depend on its product mix and whether<br />

expanded sales to previously uncovered patients will offset<br />

higher taxes and rebates. The potential returns on pipeline<br />

investments will be impacted by higher rebates. There is<br />

also a timing mismatch, since increased coverage will not be<br />

implemented for several years, while companies will see higher<br />

costs much sooner.<br />

Biotechnology companies will benefit from a biosimilars<br />

provision that gives new biologics a 12-year period of data<br />

exclusivity before they face direct competition. However,<br />

the FDA will still need to provide guidance to establish an<br />

abbreviated regulatory pathway for biosimilars. The final<br />

legislation also excluded two provisions that the industry had<br />

been concerned about: allowing US consumers to import<br />

drugs from abroad and letting the federal government<br />

negotiate drug prices directly with manufacturers.<br />

The increase in health care coverage creates new opportunities<br />

and challenges for companies. The real opportunity, though,<br />

is for companies to tailor their business models, processes and<br />

infrastructures to the needs of the new normal, where there will<br />

be increased focus on health outcomes.

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