La Jolla, Calif. (PRWEB) June 28, 2012
CHI-California Healthcare Institute President and Chief Executive Officer David L. Gollaher, Ph.D., issued the following statement regarding today’s Supreme Court ruling on the Affordable Care Act:
“The Supreme Court's ruling, finding most provisions of the Affordable Care Act constitutional, surprised almost everyone. Chief Justice John Roberts, writing for the 5-4 majority, said that the Act's individual mandate could stand, not, as the Obama Administration argued, under the Constitution's Commerce Clause, but based on congressional authority to impose taxes. As for the Act's enormous expansion of Medicaid, seven justices (all except Justices Ginsburg and Sotomayor) held that it went too far in imposing potential penalties on the states for noncompliance. Medicaid will expand, but how this plays out will take weeks and months to understand.
“Meanwhile, the Court's decision leaves important parts of the Act untouched. These include the medical device excise tax, the authority for FDA to create a pathway for approving biosimilars, and the Independent Payment Advisory Board.
“CHI will continue to work with policymakers to ensure implementation of the law enabling the biomedical community in California to continue to develop lifesaving therapies and medical technology while protecting patient access to critical medical innovation. CHI will continue to support implementation of the bipartisan-supported biosimilars pathway, including its critical provision providing 12-years of data exclusivity that was enacted under the Affordable Care Act. CHI will also work to support efforts to repeal the Independent Payment Advisory Board, or IPAB, which threatens patient access to important and innovative medical interventions.
“CHI has also strongly opposed the medical device excise tax and will continue to work to support its repeal. Our nation’s medical technology compan
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