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Experts urge Congress to cut health‑care barriers: certificates of need, licensing recognition and biosimilar rules
Summary
Witnesses and senators discussed state certificate‑of‑need laws, certificate‑of‑public‑advantage immunities, licensing recognition across states, and barriers to biosimilar competition and generic entry created by patent listings in the FDA Orange Book.
Senators and witnesses spent a substantial portion of the hearing on how healthcare regulations at both state and federal levels impede competition and raise costs for patients.
Why it matters: Health care was repeatedly cited by witnesses as a sector where both private and public rules can suppress entry, raise prices and reduce availability — particularly in rural and underserved areas.
Doha Mecky, a senior fellow at UC Berkeley, told senators “certificate of need laws…in about 35 states” require bureaucratic permission before providers can enter or expand — a…
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