Developing the Next Generation of Health Care

What will the future of health care look like? And who is going to pay for it?

There are no easy answers to these questions, but the path forward will be found in providing health care solutions that help patients, that patients can access, and that payors will reimburse. To succeed in doing this, health care innovators will need to know what drives patient adherence and patient experience. There is little doubt that direct engagement with patients and the consumerization of health care have moved beyond buzzwords and into reality. Digital tools focused on patient self-management, diet modification and schedule adherence fill mobile app stores. And data generated by new technologies only leads to more integration as medical interventions are designed to meet what is valued. But what comes next?

At this year’s MedTech Conference, I’ll be moderating a panel to look specifically at this topic and explore questions surrounding the next generation of health care. We are bringing together a diverse group of panelists from various segments of the health care ecosystem — from traditional drug and device companies to media and connected care leaders — to discuss their work in advancing health care innovation. (Join us on Monday, Sept. 24 at 2:30 p.m. in Room 204B).

Our panel will cover how advancements will only be possible when the different components of the health care delivery ecosystem work together and trust each other to provide the care patients demand and deserve.

Our panelists — who bring real-world insight from their leadership roles at Olympus, Eli Lilly, Qualcomm Life and Comcast — will take you through their companies’ journeys. We will talk about how each segment of the health care ecosystem partners with others and how companies outside the traditional health care space are providing  platforms to connect patients, providers and payors in exciting and different ways. The health care innovation journey is not without its obstacles, however, and our panel will look at challenges so far, such as how to capture, protect, communicate and use data.

When analyzing this topic through a legal lens, collaboration across disciplines is key to solving the complex legal challenges confronting clients throughout the health sciences spectrum — from intellectual property and privacy issues to contracting for value and communicating real world evidence. For example, the debate on how to communicate real world data remains a work in progress, as the 21st Century Cures Act and recent FDA guidance have begun to define terms and create safe harbors. But much work remains. (This topic is explored in more depth in a recent FDLI article, “Real World Evidence: Implications and Challenges for Medical Product Communications in an Evolving Regulatory Landscape.”) Data privacy and the use of blockchain technology remain a part of the conversation, while health care companies and their advisors debate the strengths, uses and limitations (as discussed in “Is Blockchain Technology the Solution to Health Care’s Data Woes?,” an article for HealthManagement). And how health care innovators communicate about their new products is a debate that extends beyond marketing and into regulatory and IP considerations (as we discussed in “Aligning a Product’s Marketing, Regulatory and IP Plans,” an article for Law360).

Finally, one of the hottest topics in both the health care and legal industries is value-based contracting and the challenge of controlling costs while facilitating innovation and rewarding value. Legal obstacles to value-based contracting remain around the world, however, and in the United States in particular (as addressed in an article for the ABA’s Health Lawyer, “Value-Based Contracting for Prescription Drugs and Medical Devices: An Innovative Solution Impaired by Outdated Regulations”).

It’s clear that there are more questions than answers when it comes to the next generation of health care, but there’s no better place to explore the debate than at the MedTech Conference this year. We hope to see you there, and be sure to join us on Monday for the panel on “Developing the Next Generation of Healthcare: What the Future Looks Like and Who Will Provide and Pay for It.”

By Barry H. Boise, Partner, Pepper Hamilton LLP
Barry H. Boise is a partner at Pepper Hamilton LLP and a member of the Leadership Team of the firm’s Health Sciences Department, a team of 110 attorneys who collaborate across disciplines to solve complex legal challenges confronting clients throughout the health sciences spectrum. Mr. Boise defends and counsels pharmaceutical, medical device and life sciences companies, taking them from early stage through marketed products.

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