Showing 9 of 127 Publications in Health Care

Antitrust and Health Care

TOTM Barak Richman (Duke) and James Blumstein (Vanderbilt) have an interesting exchange at PENNumbra, University of Pennsylvania School of Law’s online forum for debate surrounding scholarship . . .

Barak Richman (Duke) and James Blumstein (Vanderbilt) have an interesting exchange at PENNumbra, University of Pennsylvania School of Law’s online forum for debate surrounding scholarship in the U. Penn. L. Rev.  Here’s the abstract from Professor Richman’s article…

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Antitrust & Consumer Protection

Odd FTC Consent in Vertical Licensing Case

TOTM The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in . . .

The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in turn a wholly owned subsidiary of a Japanese firm Daiichi Sankyo Company. The sublicense would allow Fresenius to manufacturer and supply the intravenous iron drug Venofer to dialysis clinics in the US.

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Antitrust & Consumer Protection

Diabetes Treatments and Moral Hazard

Scholarship Abstract In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. . . .

In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. Although supporters of the mandates expect them to improve the health of diabetics, the mandates have the potential to generate a moral hazard to the extent that medical treatments might displace individual behavioral improvements. Another possibility is that the mandates do little to improve insurance coverage for most individuals, as previous research on benefit mandates has suggested that mandates often duplicate what plans already cover. To examine the effects of these mandates, we employ a triple?differences methodology comparing the change in the gap in body mass index (BMI) between diabetics and nondiabetics in mandate and nonmandate states. We find that mandates do generate a moral hazard problem, with diabetics exhibiting higher BMIs after the adoption of these mandates.

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Medical Self-Defense, Organ Markets, and the Poor

TOTM Eugene Volokh has posted a series discussing his new article (forthcoming in Harvard L. Rev.) “Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs,” which . . .

Eugene Volokh has posted a series discussing his new article (forthcoming in Harvard L. Rev.) “Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs,” which I point out because the article claims that bans on organ payments violate patients’ medical self-defense rights. As readers of TOTM know, organ markets are a topic of substantial interest around here. Eugene dedicates a separate post to refuting the oft-repeated mantra that the ban on compensation is necessary to prevent the wealthy from buying up all of the organs.

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Innovation & the New Economy

Familiar Rantings at the Washington Post

TOTM In January, Washington, D.C. will join the nearly 500 cities nationwide that have thwarted the free market’s accommodation of heterogeneous preferences and have ordered private . . .

In January, Washington, D.C. will join the nearly 500 cities nationwide that have thwarted the free market’s accommodation of heterogeneous preferences and have ordered private property owners to forbid their invitees from engaging in otherwise legal behavior. I am speaking, of course, of Washington’s forthcoming smoking ban.

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The Perils of Paternalism

TOTM According to Bar None, an op-ed by Jack Turner in today’s NYT, “history shows that, however commendable the reasoning, efforts to control how people drink . . .

According to Bar None, an op-ed by Jack Turner in today’s NYT, “history shows that, however commendable the reasoning, efforts to control how people drink — or eat, or smoke — tend to backfire.” I’ve made a similar argument in discussing smoking bans.

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Innovation & the New Economy

Kidney Donors to be Compensated in Israel

TOTM A Jerusalem District Court has ruled that kidney donors will receive compensation (about $13-14K in US dollars) from HMOs for transplant expenses. Read the full . . .

A Jerusalem District Court has ruled that kidney donors will receive compensation (about $13-14K in US dollars) from HMOs for transplant expenses.

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Innovation & the New Economy

Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale

TOTM Frank Pasquale at Madisonian is concerned that organ markets do not show enough concern for the poor. He writes… Read the full piece here.

Frank Pasquale at Madisonian is concerned that organ markets do not show enough concern for the poor. He writes…

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Innovation & the New Economy

The FTC Takes On the DOJ in Schering-Plough

TOTM There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from . . .

There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from a branded pharmaceutical manufacturer to a generic to delay entry (a “reverse payment”).

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Antitrust & Consumer Protection