Republican Healthcare Bill Would Leave BPCIA Untouched

In public debates over the Affordable Care Act (ACA), also known as Obamacare, biosimilars are rarely, if ever, mentioned.  But the U.S. biosimilar statute, the Biologics Price Competition and Innovation Act (BPCIA), was in fact enacted as part of Obamacare — specifically, as Title VII to the ACA.  Although the BPCIA is no longer politically controversial, it could, at least theoretically, be swept up in a blanket repeal of Obamacare, if a bill repealing the ACA did not contain an appropriate carve-out.   

At present, it does not look like the BPCIA is at risk.  On Monday, March 6, 2017, Congressional Republicans released their long-awaited proposal to repeal and replace Obamacare, which some are now calling “Trumpcare,” "Ryancare,” or “Republicare.”  While the bill has proved controversial for a number of reasons, it appears to leave the BPCIA completely untouched.  In light of opposition to the proposal from the AARP, the American Medical Association, the American Hospital Association, and several key Republican senators, the ultimate healthcare bill, if one is passed, may end up looking very different from the current proposal.  Nevertheless, the proposal confirms there is currently little appetite on Capitol Hill for scrapping the BPCIA.