The embattled Patient Protection and Affordable Care Act of 2010 (ACA) has endured years of existential threats. From the Supreme Court's piercing NFIB v. Sebelius decision in 2012, to blocked funding from an unfriendly Congress, to the administrative changes from the Trump administration, and...

Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as...

The Department of Justice’s (“DOJ”) current theory of overtreatment regulation — and, in fact, all of the prominent amount of medical necessity-based health care fraud enforcement — adopts the argument that providers are violating the False Claims Act when they submit bills to the...

Empowered to play a larger role in the delivery and administration of health care, a number of states are attempting to solve the pharmaceutical pricing crisis in creative and varied ways. This essay summarizes three particular states’ more activist approaches, including states that have...