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The 111th U.S. Congress Tackles Healthcare Reform and the Pharmaceutical Industry

Published by: Decision Resources

Published: Sep. 10, 2009 - 35 Pages


Table of Contents


Executive Summary

Strategic Considerations

Stakeholder Implications

Aggressive First Steps by the 111th Congress

American Recovery and Reinvestment Act of 2009

Comparative Effectiveness Research

The Comparative Effectiveness Research Act of 2009 (H.R. 2502)

The Patient-Centered Outcomes Research Act of 2009 (S. 1213)

Privacy of Personal Health Information

Health Information Technology for Economic and Clinical Health Act (HITECH Act)

New Hampshire’s Prescription Information Law

Importation of Drugs

Authorized Generics and Pay-for-Delay Deals

Reverse Payment Patent Settlements—Pay-for-Delay Deals

Authorized Generics

Biosimilars: Follow-On Biologics

Biosimilar Markets

Data Exclusivity Arguments

Fuqua School of Business at Duke University: Henry G. Grabowski Analysis

Matrix Global Advisors: Alex M. Brill Critique

Federal Trade Commission Gives Input

The Obama Administration Weighs In

Pending Biosimilars Legislation, 2009

Promoting Innovation and Access to Life-Saving Medicine Act, H.R. 1427

Promoting Innovation and Access to Life-Saving Medicine Act, S. 726

Pathway for Biosimilar Act, H.R. 1548

Patent Reform Act of 2009

National Academy of Sciences View

Coalition for 21st Century Patent Reform

Coalition for Patent Fairness View

Breakthrough Compromise in the Senate’s Committee on the Judiciary

All Eyes Turn to Healthcare Reform

Need for Healthcare Reform in the United States

Components of Healthcare Reform

Outlook

SPECTRUM Pharmaceutical Industry Dynamics 11-3

Legislation That Will Impact the Pharmaceutical Industry

Press Date: September 10, 2009 Decision Resources

Expert Commentaries

“Nothing Is Agreed to Until Everything Is Agreed To” by Alex M. Brill, CEO of Matrix Global Advisors and a research fellow at the American Enterprise Institute

Tables

1. American Recovery and Reinvestment Act of 2009—A $787 Billion Economic Stimulus Bill

2. New Hampshire’s Prescription Information Law

3. Legislation to Provide for Drug Importation

4. Legislation to Prohibit Authorized Generics and Reverse Payments (Pay-for-Delay Deals)

5. Patent Expiries and Anticipated Biosimilar Entry Dates of Key Biologic Brands

6. Henry G. Grabowski, Duke University Fuqua School of Business: Data Exclusivity Assumptions

7. Alex M. Brill: Data Exclusivity Analysis Favored by the Generic Pharmaceutical Association

8. Provisions of the Hatch-Waxman Act of 1984 for Small-Molecule Generics

9. Biosimilars Legislation as Introduced: H.R. 1427 Promoting Innovation and Access to Life-Saving Medicine Act

10. Biosimilars Legislation as Introduced: H.R. 1548 Pathway for Biosimilars Act

11. Legislation to Amend Title 35 of the United States Code to Provide Patent Reform

12. President Barack Obama’s Eight Key Principles for Guiding Healthcare Reform Efforts in the United States

13. Legislation to Provide Healthcare Reform

Figures

1. Handling Personal Information: A Survey by BBC World News America/The Harris Poll,

March 2009

2. Factors Explaining Future Federal Spending on Medicare, Medicaid, and Social Security

Abstract

In this report
we feature a commentary by Alex M. Brill, CEO of Matrix Global Advisors and a research fellow at the American Enterprise Institute, who testifi ed before the U.S. House Judiciary Committee’s Subcommittee on Courts and Competition on July 14, 2009, regarding data exclusivity for biosimilars. We also provide insights from an interviewed health policy lobbyist who is active in government affairs in Washington, D.C. He spoke on background concerning recent negotiations on healthcare reform, authorized generics, and reverse payment deals. Kevin E. Noonan, J.D., Ph.D., a partner at McDonnell Boehnen Hulbert & Berghoff, gives his insights on patent reform and healthcare reform.

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