Stuart Gerson Featured in “Supreme Court Seems to Lean Against State in Health Data Case”

Health Plan Week

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was featured in Health Plan Week, in “Supreme Court Seems to Lean Against State in Health Data Case,” by Patrick Connole.

Following is an excerpt:

Gerson says the “foot-in-the-door” mentality is what has insurers’ attention since 18 other states have laws that created all-payer claims databases, while 20 more are considering similar legislation. In the end, however, Liberty could win on its argument that the burden of providing data is too great.

“My guess is that for a variety of reasons it may be ultimately that some of the justices will suggest that there be some kind of federal data collection, which is questionable given that insurance is regulated by the states,” Gerson says. “It is a balancing question. A number of justices are sympathetic to the issue of states collecting data from all comers, including the groups that they actually regulated and comparing it to others to have a fund of data related to health care usage claims and so that they can set their own policies in the future.”