BYU Law Review Volume 2018 Issue 1 Article 8 Fall 8-31-2018 Leveraging Pharma to Lower Premiums: Medical Loss Ratio Regulation in the Pharmaceutical Industry Cami R. Schiel Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Law Commons, and the Pharmaceutical Preparations Commons Recommended Citation Cami R. Schiel, Leveraging Pharma to Lower Premiums: Medical Loss Ratio Regulation in the Pharmaceutical Industry, 2018 BYU L. Rev. 205 (2018). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2018/iss1/8 This Comment is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact
[email protected]. 5.SCHIEL_FIN_NOHEADER.DOCX (DO NOT DELETE) 8/17/18 10:42 AM Leveraging Pharma to Lower Premiums: Medical Loss Ratio Regulation in the Pharmaceutical Industry Many recognize escalating drug prices as a significant dilemma related to America’s rising healthcare costs. Yet few can agree on what to do about them. Unaffordable drug prices are a result of many complex forces. One theory to address this problem is to reduce all government intervention and let normal market forces act as they usually do to bring the goods’ prices down to consumer-friendly ranges. However, the pre- scription drug market is not, and perhaps never can be, a normal market. Reasons for this include (1) a lack of price transparency, (2) information and control asymmetries between patients and physicians, (3) third-party payors, (4) demand that remains constant irrespective of any exorbitant price increases (i.e., market inelasticity), and (5) patent-ensured mono- polies.