Cover image of The Week in Health Law
(77)
Society & Culture
Philosophy
Government

The Week in Health Law

Updated 3 days ago

Society & Culture
Philosophy
Government
Read more

Nicolas Terry and his guests discuss the significant health law and policy issues of the week

Read more

Nicolas Terry and his guests discuss the significant health law and policy issues of the week

iTunes Ratings

77 Ratings
Average Ratings
73
2
1
0
1

Love it!

By angry89 - Apr 03 2017
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A must listen for a healthcare attorney

Incredibly interesting podcast

By RahmCom - Jan 12 2017
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Really brilliant guests, know health law and policy inside and out...bravo!

iTunes Ratings

77 Ratings
Average Ratings
73
2
1
0
1

Love it!

By angry89 - Apr 03 2017
Read more
A must listen for a healthcare attorney

Incredibly interesting podcast

By RahmCom - Jan 12 2017
Read more
Really brilliant guests, know health law and policy inside and out...bravo!

Listen to:

Cover image of The Week in Health Law

The Week in Health Law

Updated 3 days ago

Read more

Nicolas Terry and his guests discuss the significant health law and policy issues of the week

55. Wellness Plans Special Episode. Guest, Wendy Mariner.

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Summary. Expert analysis of the new EEOC regulations on Employer Wellness Plans. We discuss voluntariness, data protection, stakeholder incentives, and some of failures of the plans.

May 18 2016

28mins

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51. 1115s on Steroids. Guest, Heather Howard

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A deep dive into ACA Section 1332 State Innovation Waivers

Apr 22 2016

33mins

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98. Shifting Labor and Responsibility to Caregivers. Guest, Laura Katz Olson.

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We welcome LeHigh University political scientist Laura Katz Olson who discusses Medicaid’s survival and it’s less than successful track record as a model for universal healthcare. Her latest book, “Elder Care Journey: A View from the Front Lines” offers both a compelling narrative and an opportunity to assess our current system of long-term care from both theoretical and personal perspectives. Among the questions we ponder: Why do system design, implementation, and legal structures conspire to increase the burdens on family caregivers, and how do those issues impact access?

May 27 2017

28mins

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88. A Mixed Bag of Healthcare Federalism. Guest, Ann Marie Marciarille.

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A  great conversation with UMKC Law Professor Ann Marie Marciarille. We discuss a brand range of topics, including the post-NFIB Medicaid “gamble,” the concept of the cost-shifting hydraulic, our less-than-rigorous mechanisms for dealing with infectious diseases, the long-tail of the Actavis case, and what happens when your inhaler stops working in the Portuguese Azores (and what that tells us about our drug distribution and pricing models).

Mar 14 2017

32mins

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102. Politicizing Pregnancy and Punishing Women. Guest, Michele Goodwin.

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University of California law professor Michelle Goodwin joins us for a detailed discussion about the increasingly adverse relationship between women and the state. Increasingly, pregnancy is being policed by an array of oppressive state laws, many of which are being used in contexts far removed from their legislative intent. Our conversation includes a detailed look at the abortion cases and their limitations. We end with a disturbing narrative about under age marriages in the U.S., often in circumstances that otherwise would be statutory rape.

Jun 27 2017

36mins

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49. Crowdsourcing a Funeral. Guest, Wendy Parmet

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Government failure, public health law & the Flint scandal, plus Docs & Glocks, and a lightning round

Apr 08 2016

36mins

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93. “Pre-Existing Condition" is the New Word for Sickness. Guest, Deborah Stone.

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We are joined by Deborah Stone, Distinguished Visiting Professor in the Heller School for Social Policy and Management at Brandeis University. She is famous for her classic, “Policy Paradox: The Art of Political Decision Making,” which has had four editions over 25 years and has been translated into five languages. We discuss the ACA and healthcare in the world of Trump and a counter-narrative to technocratic healthcare based on “caring.”

Apr 19 2017

31mins

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134. Another “The Week in Medicaid.” Guest, Jamila Michener.

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A welcome to first-time Pod guest, political scientist Jamila Michener, a Professor in the department of Government at Cornell University. Her research focuses on poverty and racial inequality in American politics. She is the author of a new book, Fragmented Democracy: Medicaid, Federalism and Unequal Politics (Cambridge University Press). We tackle Medicaid from her original perspective—how and why federalism (not to mention Section 1115 waivers) allows for unequal treatment of Medicaid recipients across out nation, and some of the damage to democratic institutions that result.

Apr 06 2018

35mins

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85. Can I Use Your Go-Back Machine? Guest, Judy Solomon.

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We greet Judy Solomon, Vice President for Health Policy at the nonpartisan research and policy institute, the Center on Budget and Policy Priorities, for a broad-reaching discussion on ACA repeal/replacement/repair and the increasingly likely restructuring of Medicaid. We delve deep into Medicaid policy, block grants, and what we know about “innovative” expansion models.

Feb 16 2017

37mins

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144. Zack Buck: Paying for Health Care in the Trump Era

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These four episodes were recorded at the 2018 SEALS conference. Four of us got together as a panel to discuss Healthcare in the Era of the Trump Administration. I was joined by Nicole Huberfeld, Professor of Health Law, Ethics & Human Rights, Health Law, Policy & Management at Boston University’s School of Public Health, Zack Buck, Assistant Professor of Law and Wilkinson Junior Research Professor at the University of Tennessee, and Jennifer Bard, Professor of Law in the College of Law at the University of Cincinnati with a joint appointment in the Department of Internal Medicine at the College of Medicine. She is currently a Visiting Scholar at the O’Neill Institute for Local and Global Health Law at Georgetown University Law Center. This was a panel, not a typical studio recording so to get the most out of it you may wish to download our slides that are linked at TWIHL.com

Aug 26 2018

24mins

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92. Working for the Man for Medicaid. Guest, Heather Howard.

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Health policy researcher Heather Howard returns to the pod and, not surprisingly, Medicaid was the focus of our talk. We discussed various Medicaid issues; the extent non-expansion was driven by policy or politics, work requirements under Section 1115 waivers, state administrative costs associated with draconian Medicaid expansion criteria (particularly when compared to the macroeconomic effects of a robust healthcare system), cost-sharing and the “private option” in existing state plans, and the likelihood of Section 1332 waivers moving states to universal care or, at least, meaningful innovation.

Apr 11 2017

37mins

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159. Came for the Opioids, Stayed for the Civil Procedure. Guest, Elizabeth Chamblee Burch.

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Elizabeth Chamblee Burch holds the Fuller E. Callaway Chair of Law at the University of Georgia. She has a stunning publication record, published in the New York University Law Review, Cornell Law Review, Virginia Law Review, Vanderbilt Law Review, Washington University Law Review, Boston University Law Review and George Washington Law Review, among others. In 2015, Professor Burch was awarded the American Law Institute’s Early Career Scholars Medal in recognition of her work on class actions and multidistrict litigation, and its potential to influence improvements in the law. She teaches and researches civil procedure, class actions and mass torts. Her new book Mass Tort Deals was published last month by Cambridge University Press. The book is an excellent read and illuminates a highly complex area of litigation. Our conversation explored the role of repeat player lead plaintiffs’ and defense attorneys, the functions and control of the MDL judge, and, of course, we discussed the opioid litigation and how the state cases may impact any settlement.

Jun 04 2019

33mins

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86. The “F” in FDA. Guests, Joanna Sax and Diana Winters.

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We greet two experts in the burgeoning field of food law. Joanna Sax is a Professor of Law at California Western School of Law. She’s interested in the science-law nexus and particularly in GMO foods. Diana Winters is a Professor of Law at IU McKinney School of Law. Her research involves issues of food safety, the decision-making processes of federal agencies, and some of the federalism issues that arise in the food safety domain. Our conversation was wide-ranging as you would expect of this emerging, important field of law.

Feb 24 2017

31mins

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47. The "Click-and-Clack" of Health Policy. Guest, Mark Hall

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Medicare expansion cost-benefit analysis, exchange models for group insurance, ACA report card.

Mar 23 2016

33mins

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154. Zip Code Health. Guest, Karen De Salvo.

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For over two decades our school of law In conjunction with the IU School of Medicine has conferred the McDonald-Merrill-Ketcham Memorial Award for Excellence in Law and Medicine. This year’s honoree was Dr. Karen DeSalvo, who is currently Professor of Medicine and Population Health at the University of Texas at Austin Dell Medical School. She served in the Obama Administration as National Coordinator for Health Information Technology and Acting Assistant Secretary for Health and previously was the Health Commissioner for the City of New Orleans. I am very grateful to Dr DeSalvo for making her remarks available on TWIHL. Her talk begins in New Orleans in the aftermath of Katrina, explains zip code health, emphasizes the roles of Social Determinants of Health, demonstrates how social determinants impact particular health outcomes, presents a systematic model for dealing with social determinants, explains Public Health 3.0, and discusses the gap between health and social care spending. Along the way Dr. DeSalvo also discusses the role of technologies such as ride share companies disrupting social services and digital assistants such as Amazon Echo acquiring more health information.

Feb 25 2019

39mins

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133. Political Rashomon. Guest, Philip Rocco.

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A welcome to first-time Pod guest Philip Rocco. Philip is on the faculty in the Department of Political Science at Marquette University. His research examines the consequences of institutional fragmentation for the development of public policy, with a focus on the politics of health reform in the United States. We cover a lot of territory inspired by Phil’s recent publications, Medicaid managed care and data, All-Payer Claims Databases, and public comments received during the Medicaid waiver process. A brief lightning round touches on ACA stabilization, more data about Indiana’s 1115 waiver, and the stinkbug-in-chief.

Mar 30 2018

40mins

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157. Misaligned Opioid Policies. Guests, Leo Beletsky & Jennifer Oliva.

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I am joined by guests Leo Beletsky & Jennifer Oliva. Leo is a Professor of Law and Health Sciences and the Faculty Director of the Health in Justice Action Lab at Northeastern University School of Law. He holds a joint appointment with the Bouvé College of Health Sciences. He has broad expertise and an enviable research and publication record in the public health impact of laws and their enforcement, with special focus on drug overdose, infectious disease transmission and the role of the criminal justice system as a structural determinant of health. Jennifer is an Associate Professor at West Virginia University in the College of Law and School of Public Health. This Spring she has been a visiting research scholar at The Petrie-Flom Center at Harvard Law School. In the Fall she will be joining the faculty at Seton Hall Law School. Her work has been published by or is forthcoming in the Duke Law Journal, Northwestern University Law Review, Ohio State Law Journal, North Carolina Law Review, and the George Mason Law Review. We discussed the conceptual and practical flaws in Prescription Drug Monitoring Programs (PDMPs), on which see these great articles by Leo and by Jenn, opioidphobic moves such as Michigan’s NonOpioid Advance Directive, the apparent animosity of federal prosecutors towards evidence-based public health initiatives like SEPs or SIFs, some of which is the subject of ongoing litigation. And of course we talked about the role of social determinants on which, again, see Leo or structural determinants on which I have written.

Apr 28 2019

32mins

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142. Nicolas Terry: State Law Reactions to Trumpcare

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These four episodes were recorded at the 2018 SEALS conference. Four of us got together as a panel to discuss Healthcare in the Era of the Trump Administration. I was joined by Nicole Huberfeld, Professor of Health Law, Ethics & Human Rights, Health Law, Policy & Management at Boston University’s School of Public Health, Zack Buck, Assistant Professor of Law and Wilkinson Junior Research Professor at the University of Tennessee, and Jennifer Bard, Professor of Law in the College of Law at the University of Cincinnati with a joint appointment in the Department of Internal Medicine at the College of Medicine. She is currently a Visiting Scholar at the O’Neill Institute for Local and Global Health Law at Georgetown University Law Center. This was a panel, not a typical studio recording so to get the most out of it you may wish to download our slides that are linked at TWIHL.com

Aug 16 2018

24mins

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135. Another BioBrick in the Wall. Guest, Andrew Torrance.

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A long overdue appearance on the Pod by Kansas University law professor Andrew Torrance who teaches and conducts research in patent law, intellectual property, innovation, and so much more! Andrew leads us through a couple of fascinating topics on the bleeding edge of IP. First, he discusses the use of a page ranking-like model to value patents. Second, he introduces us into some governance and related models applied in the synthetic biology community to avoid the tragedy of the commons but without resorting to traditional IP protection.

Apr 13 2018

39mins

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139. Treating Corpses. Guest, Thad Pope.

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Thad Pope, Professor of Law and Director of the Health Law Institute at MitchellHamline School of Law joins us to discuss some extremely difficult end-of-life cases that are being litigated on each side of the Atlantic. In the U.S. (specifically, in California and New Jersey) the tragic Jahi McMath case continues with no apparent end in sight. We discuss compelling narratives such as that in the New Yorker and attempt to frame the legal and ethical issues. Comparison and distinctions can be drawn between that case and Alfie Evans case in the UK that has led to multiple appeals to the UK Supreme Court and the European Court of Human Rights. One of our questions (there are many) is whether we are looking at likely challenges to the accepted evidence as to brain death or merely (?) another chapter in our cultural war about the meaning of life.

May 14 2018

37mins

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171. The Voldemort of Health Law. Guests, Erin Fuse Brown & Elizabeth McCuskey.

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Erin Fuse Brown is a Professor of Law at Georgia State University’s College of law. She teaches Administrative Law; Health Law: Financing & Delivery; and the Health Care Transactional & Regulatory Practicum. She is a faculty member of the Center for Law, Health & Society. In 2019 Professor Fuse Brown was awarded a grant from the Laura and John Arnold Foundation to study out-of-network air ambulance bills. She served as co-investigator on a grant from the National Human Genome Research Institute from 2014-2017 to study legal protections for participants in genomic research and in 2017 won the Patricia T. Morgan Award for Outstanding Scholarship among her faculty. Elizabeth McCuskey is a Professor Law at UMass School of Law, There she teaches Civil Procedure, Health Law, Food & Drug Law, and Health Care Antitrust courses. Her research focuses on regulatory reforms for health equity and courts’ roles in securing those reforms. She is broadly published and her work on ERISA preemption and state health reform was featured on Health Affairs Blog and she has covered FDA preemption for SCOTUSBlog. She was a 2016 ASLME Health Law Scholar.

Erin and Liz have a fantastic new article coming out in the University of Pennsylvania Law Review entitled “Federalism, ERISA, and State Single-Payer Health Care” that is the subject of our conversation.

Nov 22 2019

37mins

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170. Inclusive Health Care? Guests,Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, & Ruqaiijah Yearby.

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This episode was recorded at our recent conference entitled Getting Real About Health Care for All. An outstanding panel at the conference asked the question Can We Make Health Care Inclusive? To answer that question we welcomed Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, and Ruqaiijah Yearby. They approached the question from the perspective of those commonly excluded from quality healthcare; those along the capacity spectrum, members of the LGBTQ communities, those suffering from mental health or substance use disorders, and those requiring home or facility-based long-term care.

Nov 14 2019

55mins

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169. Notes From a Birthday Party. Guest co-host, Rachel Rebouché.

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This episode was recorded at Temple Law during Temple Law’s celebratory Law Review Symposium: Looking Back and Looking Ahead, 10 Years of Public Health Law Research in September 2019. My guest host is Rachel Rebouché from the Center for Public Health Research at Temple University Beasley School of Law. Together we enjoyed a wide-ranging discussion with some brilliant researchers, Jennifer Karas Montez from the Syracuse University Maxell School of Citizenship and Public Affairs, Evan Anderson from the University of Pennsylvania School of Nursing, and Wendy Parmet, Matthews Distinguished University Professor of Law and Director, Center for Health Policy and Law at Northeastern University.

Nov 02 2019

25mins

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168. I'm Not Actually Supposed to Be Here. Guest, Matthew Cortland.

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My guest is Matthew Cortland, a patient and healthcare rights advocate from Massachusetts. He received his graduate training in public health from Boston University and earned a JD from George Mason University School of Law. He is disabled and chronically ill, but a superbly effective lawyer, writer, and speaker as well as a well-known healthcare and disability rights activist. We recently staged a one day Symposium at the law school entitled Getting Real About Health Care for All. Matt was kind enough to join us and add his compelling thoughts about what healthcare for all should look like for those in the disability community and the dangers members of that community face during periods of transition in financing and delivery models. It was touch and go whether we would hear from him, not only did the airline and TSA conspire against him but he picked up a horrible cough and cold—something that most of us can throw off, but not someone on his drug regimen. As a result, his presentation was punctuated by coughs, sniffles, and much drinking of tea, but all covered up by Matt’s own self-deprecating humor. In case you don’t listen all the way through the acknowledgements at the end of the show please consider visiting Matt’s Patreon page
https://www.patreon.com/mattbc and sponsor his health. Towards the end of his talk Matt asked for a breather, help, “his reasonable accommodation” from the audience in the form of questions. I include two, the first from our friend Matthew Lawrence who is a health law professor at Penn State’s Dickinson Law school and then one from my colleague Ross Silverman who is on the faculty at the Richard M. Fairbanks School of Public Health at Indiana University and also serves as a Professor of Public Health at our law school.

Oct 28 2019

36mins

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167. You Got Me On The Wrong Day.

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I am joined by Professor Wendy Mariner, Professor of Health Law at Boston University School of Public Health and Professor of Law at Boston University School of Law. We thought it would be a good idea to reflect on some of the current health law and policy stories with a lightning round. We discussed the latest abortion case to be granted cert., the current state of play in Medicaid work requirements, the new Tennessee block grant proposal, the latest on the opioid litigation, the current state of play on the public charge rule, the latest on the Safehouse safe injection facility litigation in Philadelphia, potential wellness programs on the exchanges, and surprise billing.

Oct 19 2019

45mins

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166. Too Much Information about State Health Law.

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This episode was recorded at the 2019 meeting of the Southeastern Association of Law Schools during a panel reviewing the year in healthcare financing. In this episode I take a look at state regulation of health insurance, first, from the perspective of states playing defense and shoring up their own laws in case the ACA disappears and, second, how some are playing offense, actually seeing to improve upon the ACA baseline.

Sep 18 2019

30mins

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165. Thinking Deeply about Public Health Law Research. Guests, Rachel Rebouché & Scott Burris.

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Two great guests this week, Rachel Rebouché and Scott Burris, both from Temple Law School in Philadelphia. We’re here not only to tease Temple Law’s 2019 Law Review Symposium: Looking Back and Looking Ahead, 10 Years of Public Health Law Research, Thursday, September 12, 2019, but also to discuss some cutting edge issues in public health responses to the opioids overdose crisis and the erosion of reproductive rights. Scott, of course, is a Professor of Law at the law school, where he directs the Center for Public Health Law Research. He is also a Professor in Temple’s School of Public Health. He is the author of over 200 books, book chapters, articles and reports on issues including urban health; discrimination against people with HIV and other disabilities; HIV policy; research ethics; and the health effects of criminal law and drug policy. His work has been supported by organizations including the Robert Wood Johnson Foundation, the Open Society Institute, the National Institutes of Health, and the Bill and Melinda Gates Foundation. Rachel Rebouché is a Professor of Law at Temple and also serves as Associate Dean for Research. She teaches Family Law, Health Care Law, and Contracts and is currently a co-investigator on two grant-funded research projects related to reproductive health, one housed at the Emory University Rollins School of Public Health and another funded by the World Health Organization. Her recent research also includes articles in law reviews and in peer-reviewed journals on relational contracts, prenatal genetic testing and genetic counseling, collaborative divorce, parental involvement laws, and international reproductive rights.

Sep 05 2019

32mins

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164. Will What Happened in Oklahoma Stay in Oklahoma? Guest Jennifer Oliva.

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The Oklahoma opioid verdict was handed down on August 26 and, of course, there’s only one person to discuss it with, Jennifer OIiva. Professor Oliva is on the faculty at at Seton Hall Law where she specializes in health, FDA, and evidence law. An honors graduate of Georgetown University Law Center, Professor Oliva was a Public Interest Law Scholar and served as Executive Notes & Comments Editor of The Georgetown Law Journal. After law school, Professor Oliva clerked on the 10th and 3rd Circuit court of appeals. She also served as the Deputy State Solicitor of the State of Delaware.

Aug 28 2019

29mins

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163. Trouble in Texas. Guest, Elizabeth Weeks.

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Recorded at the 2019 annual meeting of the Southeastern Association of Law Schools, Professor Elizabeth Weeks, Associate Dean for Faculty Development & the J. Alton Hosch Professor of Law at the University of Georgia School of Law discusses the latest high profile ACA case, Texas v. U.S. Professor Weeks is a highly regarded health law scholar whose teaching and research interests include torts, health law, health care financing and regulation, and public health law.

Aug 23 2019

17mins

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162. Fortnite Healthcare. Guest, Fazal Khan.

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This episode was recorded at the annual meeting of the Southeastern Association of Law Schools during a panel reviewing the year in healthcare financing. This episode features a talk by Professor Fazal Khan who teaches Health Law & Policy, Bioethics, Public Health Law and International Products Liability at the University of Georgia School of Law. His current research focuses on several major themes:  reform of the American health care system, the effect of globalization on health care and the challenge of regulating emerging biotechnologies. His talk was on the financing of telemedicine and the slow alignment of the technologies with health care value and other models.

Aug 19 2019

16mins

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161. Here Come’s The Judge. Guest, John Cogan.

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Recorded at the 2019 annual meeting of the Southeastern Association of Law Schools during a panel reviewing the year in healthcare financing, this episode features a talk by Professor John Cogan from the University of Connecticut School of Law. Professor Cogan focuses his research and teaching on health care organizations and finance, health law and policy, federal health programs, health care fraud and abuse, and health insurance law. He is the co-author of a treatise on Medicare and Medicaid bankruptcy issues, as well as the author of numerous scholarly articles on a range of health insurance topics, including the Affordable Care Act and HIPAA. In this talk Professor Cogan discussed first, Medicaid: including expansion, work requirements, and the latest court decisions; second, Section 1557 and the proposed civil rights regulations; and third, the DeOtte v. Azar case and the resultant contraceptive mandate mess.

Aug 13 2019

18mins

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160. Protecting the Herd. Guests, Julie Cantor & Ross Silverman.

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I have two excellent guests this week. Dr. Julie Cantor is an adjunct faculty member at the UCLA School of Law. She is a graduate of Stanford University, UC Berkeley School of Law, and the Yale University School of Medicine. Dr Cantor has two decades of public policy and advocacy experience focused on federal healthcare policy. She has published broadly including in the New England Journal, Annals of Internal Medicine, the Indiana Law Review, the ABA Human Rights Journal, the NYT Debate section, and has submitted amicus briefs in several Supreme Court cases. Making a welcome return to the pod is Ross Silverman, Professor of Health Policy and Management at the Indiana University Richard M. Fairbanks School of Public Health at IUPUI, and holds a secondary appointment as Professor of Public Health Law at the Indiana University Robert H. McKinney School of Law. His research interests include legal, ethical and policy issues in public health and medicine, mobile health law and policy, interdisciplinary curriculum development, professional school admissions, medical humanities, human rights, and patient safety. Professor Silverman has published extensively on vaccination issues. Our discussion topic rotates around the recent measles outbreaks and the public health and public health law issues they raise. If you happened to pick up the June 5 issue of the New England Journal of Medicine you will have seen articles by both Julie and Ross (co-authored w/ Douglas Opel and Saad B. Omer) addressing aspects of the current law and policy debates. Other sources noted were this op-ed by Prof. Michael Willrich, Yiddish mistranslation, this New York Times risk-benefit analysis, and Angela Shen’s Measles Madness And Value post.

Jun 19 2019

43mins

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159. Came for the Opioids, Stayed for the Civil Procedure. Guest, Elizabeth Chamblee Burch.

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Elizabeth Chamblee Burch holds the Fuller E. Callaway Chair of Law at the University of Georgia. She has a stunning publication record, published in the New York University Law Review, Cornell Law Review, Virginia Law Review, Vanderbilt Law Review, Washington University Law Review, Boston University Law Review and George Washington Law Review, among others. In 2015, Professor Burch was awarded the American Law Institute’s Early Career Scholars Medal in recognition of her work on class actions and multidistrict litigation, and its potential to influence improvements in the law. She teaches and researches civil procedure, class actions and mass torts. Her new book Mass Tort Deals was published last month by Cambridge University Press. The book is an excellent read and illuminates a highly complex area of litigation. Our conversation explored the role of repeat player lead plaintiffs’ and defense attorneys, the functions and control of the MDL judge, and, of course, we discussed the opioid litigation and how the state cases may impact any settlement.

Jun 04 2019

33mins

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158. Opioid Litigation Update. Guest, Jennifer Oliva.

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A swift return to the pod by Jennifer Oliva. Jenn is an Associate Professor at West Virginia University in the College of Law and School of Public Health. This Spring she has been a visiting research scholar at The Petrie-Flom Center at Harvard Law School. In the Fall she will be joining the faculty at Seton Hall Law School. Her work has been published by or is forthcoming in the Duke Law Journal, Northwestern University Law Review, Ohio State Law Journal, North Carolina Law Review, and the George Mason Law Review. We continue to explore some of the themes we discussed with Leo Beletsky in the last episode. Here, Jenn and I drill down into some of the issues surrounding the opioid litigation. Issues and questions discussed include the relationship between the federal district court MDL litigation in Cleveland and actions brought by state attorneys-general in their own courts, the implications of the recent Oklahoma settlement, and the chances/challenges of fashioning “public health” remedies that would mitigate the effects of the opioid overdose epidemic.

May 07 2019

27mins

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157. Misaligned Opioid Policies. Guests, Leo Beletsky & Jennifer Oliva.

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I am joined by guests Leo Beletsky & Jennifer Oliva. Leo is a Professor of Law and Health Sciences and the Faculty Director of the Health in Justice Action Lab at Northeastern University School of Law. He holds a joint appointment with the Bouvé College of Health Sciences. He has broad expertise and an enviable research and publication record in the public health impact of laws and their enforcement, with special focus on drug overdose, infectious disease transmission and the role of the criminal justice system as a structural determinant of health. Jennifer is an Associate Professor at West Virginia University in the College of Law and School of Public Health. This Spring she has been a visiting research scholar at The Petrie-Flom Center at Harvard Law School. In the Fall she will be joining the faculty at Seton Hall Law School. Her work has been published by or is forthcoming in the Duke Law Journal, Northwestern University Law Review, Ohio State Law Journal, North Carolina Law Review, and the George Mason Law Review. We discussed the conceptual and practical flaws in Prescription Drug Monitoring Programs (PDMPs), on which see these great articles by Leo and by Jenn, opioidphobic moves such as Michigan’s NonOpioid Advance Directive, the apparent animosity of federal prosecutors towards evidence-based public health initiatives like SEPs or SIFs, some of which is the subject of ongoing litigation. And of course we talked about the role of social determinants on which, again, see Leo or structural determinants on which I have written.

Apr 28 2019

32mins

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156. Promises & Perils. Guest Host, Claudia Haupt; Guests, Ignacio Cofone, Jessica Roberts, & Ana Santos Rutschman.

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I am joined by guest host Claudia Haupt, Associate Professor of Law and Political Science Northeastern University School of Law and guests Ignacio Cofone, Assistant Professor of Law at McGill University, Jessica Roberts, the Director of the Health Law & Policy Institute and an Alumnae College Professor in Law, and Ana Santos Rutschman, Assistant Professor in the Center for Health Law Studies and the Center for International and Comparative Law at Saint Louis University. We were gathered together in Boston for the Promises and Perils of Emerging Health Innovations symposium organized by our friends at Northeastern University School of Law.

Apr 17 2019

36mins

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155. It’s The Prices Stupid! Guests, Aaron Kesselheim and Jonathan Darrow.

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I am joined by Aaron Kesselheim and Jonathan Darrow, faculty members at Harvard Medical School and members of the Program On Regulation, Therapeutics, And Law (PORTAL) group directed by Dr. Kesselheim. The conversation began with a discussion about drug price narratives, including whether drug prices are still increasing? We also critically discussed at least some of Vox’s 8 ideas for bringing down drug prices, and some better ones! The conversation then shifted to some issues, including pricing and expectations, with gene therapy drugs. We spent a short time on the resignation of Food and Drug Administration Commissioner Scott Gottlieb before ending our discussion with some information about PORTAL’s innovative online course, “The FDA and Prescription Drugs: Current Controversies in Context.”

Mar 15 2019

40mins

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154. Zip Code Health. Guest, Karen De Salvo.

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For over two decades our school of law In conjunction with the IU School of Medicine has conferred the McDonald-Merrill-Ketcham Memorial Award for Excellence in Law and Medicine. This year’s honoree was Dr. Karen DeSalvo, who is currently Professor of Medicine and Population Health at the University of Texas at Austin Dell Medical School. She served in the Obama Administration as National Coordinator for Health Information Technology and Acting Assistant Secretary for Health and previously was the Health Commissioner for the City of New Orleans. I am very grateful to Dr DeSalvo for making her remarks available on TWIHL. Her talk begins in New Orleans in the aftermath of Katrina, explains zip code health, emphasizes the roles of Social Determinants of Health, demonstrates how social determinants impact particular health outcomes, presents a systematic model for dealing with social determinants, explains Public Health 3.0, and discusses the gap between health and social care spending. Along the way Dr. DeSalvo also discusses the role of technologies such as ride share companies disrupting social services and digital assistants such as Amazon Echo acquiring more health information.

Feb 25 2019

39mins

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153. Naughty or Nice 2018? Guests, Zack Buck, Erin Fuse Brown, and Elizabeth Weeks Leonard.

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The return of TWIHL’s infamous and extra long “Who’s Been Naughty or Nice?” Holiday show. This year’s festive appreciation of healthcare law and policy features the seasonal vocalizations of Zack Buck, Erin Fuse Brown, and Elizabeth Weeks Leonard. Nominees for both naughty and nice include a wealth of administration moves, plenty of good and bad Medicaid news, drug pricing, and a whole lot more to fill the stockings and require conspicuous amounts of egg nog.

Dec 23 2018

49mins

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152. Regulate Now or Regulate Later? Guests, Nathan Cortez, Sharona Hoffman, and Abbe Gluck.

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Abbe Gluck, Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School, and I continue a deep dive into some of the issues raised at the November 2018 Yale roundtable on on “The Law and Policy of AI, Robotics, and Telemedicine in Health Care.” We are joined by our expert friends Nathan Cortez, Professor of Law and Associate Dean for Research at the SMU Dedman School of Law, and Sharona Hoffman, Edgar A. Hahn Professor of Law; Professor of Bioethics and Co-Director of the Law-Medicine Center at Case Western Reserve University School of Law, leading to a deep dive into FDA regulation and data-driven healthcare discrimination. Discussion topics included potential updates to the language of the ADA to deal with discrimination on the basis of AI/Big Data predicted healthcare issues and practical questions about the application and enforcement of the FDA’s functional definition of “medical device.”

Dec 16 2018

36mins

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