Professor Sam Halabi from Georgetown Law joins us to discuss his new piece featured in the latest issue […]
Sam F. Halabi* Download a PDF version of this article here. Watch our third episode of The Author […]
Our Fall 2021 Issue—Volume 11, Issue 2—contains three articles that challenge current perceptions and practices in our intellectual […]
Moderator: Scott Hemphill Panelists: Robin Feldman, Jay Lefkowitz, Sean Nicholson, and Judge William G. Young Download a PDF […]
Moderator: Arti Rai Panelists: Rebecca S. Eisenberg, Tahir Amin, Henry Hadad, and Rachel Sachs Download a PDF version […]
Moderator: Christopher Morten Panelists: Barry Datlof, Amy Kapczynski, Donna Meuth, and Zain Rizvi Download a PDF version of […]
Moderator: Lisa Ouellette Panelists: Michael Abramowicz, Daniel Hemel, and Bhaven Sampat Download a PDF version of this article […]
On March 10, 2021, our journal partnered with the Engelberg Center on Innovation Law and Policy to host […]
Patent term extension (PTE) is a statutorily-based mechanism to compensate inventors for patent term loss due to regulatory delay during the drug approval process at the United States Food and Drug Administration (FDA). In the context of pharmaceutical products, PTE is only available for the active ingredient of a drug formulation.
By: Nicolas P. Terry*
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This article examines the possible constructs behind the announcement that Amazon, Berkshire Hathaway, and JPMorgan Chase & Co. are jointly building a new healthcare entity for their employees. In this article, I provide context by discussing and comparing the healthcare ambitions of the three largest information technology companies before arguing that various forms of hybrid entities will increase their footprint in healthcare data and delivery. The core of this discussion is a thought experiment about the nature of what I term “Prime Health.” That analysis is based initially on observations about Amazon’s existing culture and business model of Amazon. Thereafter I examine both what Prime Health could and should be. I argue that it will likely go beyond the pedestrian model of a very large self-funded group insurance plan; will disintermediate traditional healthcare insurers; and attempt to bring consumers and healthcare providers together into some type of online marketplace—an updated, privatized version of managed competition. In the final parts of the article I delve into the regulatory environment that hybrid healthcare generally, and Prime Health in particular, will face. This analysis includes federal device and data protection laws, a few idiosyncratic state laws, and a brief discussion of the problems inherent in the limited regulation of hybrid healthcare entities.