2012 Articles

Healthcare Reform Following The 2010 Reform Acts

Goldin, David; Jensen, Mallory; Nicolaou, John; Vaishnav, Anish; Buente, C.B.

Each year in its Annual Survey, the Columbia Business Law Review selects a major business law topic and presents a group of student notes exploring relevant legal and economic developments in that area. Following the recent passage of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, this year's Survey focuses on healthcare reform. As the Survey notes explain in detail, these legislative developments have significantly altered the legal framework governing healthcare in the United States, sparking highprofile litigation and strident public debate. The notes explore a variety of issues arising out of these statutes, including, for example, the effects of the healthcare reform acts on both ERISA preemption and the tools courts use to define pharmaceutical markets in antitrust cases. They also suggest avenues for potential further reforms that could be adopted given this new framework.