ANNALS OF HEALTH LAW
THE HEALTH POLICY AND LAW REVIEW OF
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
Beazley Institute for Health Law and Policy
VOLUME 25, ISSUE 1 WINTER 2016
CONTENTS
Foreword ............................................................................................................................ i
ARTICLES
340B Bedfellows: How Community Health Centers can Successfully Contract with
Chain Pharmacies to Expand Access to Needed Medicine
Kathryn R. Watson ................................................................................................................ 1
A previously underutilized and arguably under-supervised national drug discount
program is now in the limelight. The program is being hotly debated on the hill, litigated
over in court, and run through the wringer in the press. This article provides insight in
to the federal Section 340B Drug Discount Program, which allows eligible safety net
providers to purchase medicine from manufacturers at discounted rates. The 340B
Program may prove to be the lifeline for many Federally qualified health centers, many
of which are under increased financial strain. By working with chain pharmacies,
community-led health centers may be able to increase their participation in the 340B
Program, experience savings on drug costs, and expand access to medicine and other
vital health care services in underserved communities. This article explains not just the
why but the how.
Compensating Persons Injured by Medical Malpractice and Other Tortious
Behavior for Future Medical Expenses Under the Affordable Care Act
Maxwell J. Mehlman, Jay Angoff, Patrick A. Malone,
Charles M. Silver, and Peter H. Weinbergeri .......................................................................... 35
In an effort to reduce the amount of compensation available to persons injured by medical
malpractice and other torts, opponents of the civil justice system are proposing to limit
claimants’ recovery for future care expenses to the maximum annual out-of-pocket limit
under the Affordable Care Act (ACA), which in 2015 is $6600. The article explains that
the proposal is based on unreliable assumptions about the ACA; misunderstands the scope
of the ACA’s out-of-pocket limit; is unworkable; and would be bad public policy by
reducing the quality of health care, shifting costs from tortfeasors to taxpayers, imposing
additional losses on innocent claimants, and subverting the democratic process.
