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The Week in Health Law

Updated 1 day ago

Society & Culture
Philosophy
Government
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Nicolas Terry and his guests discuss the significant health law and policy issues of the week

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

iTunes Ratings

83 Ratings
Average Ratings
77
3
1
1
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

83 Ratings
Average Ratings
77
3
1
1
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!
Cover image of The Week in Health Law

The Week in Health Law

Latest release on Feb 18, 2020

All 176 episodes from oldest to newest

176. Blockheads. Guests, Nicole Huberfeld and Rachel Sachs.

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Nicole Huberfeld is Professor of Health Law, Ethics & Human Rights at the School of Public Health and Professor of Law at the School of Law. Her scholarship focuses the cross-section of health law and constitutional law with emphasis on health reform, federalism in health care (especially Medicaid), and the federal spending power. She is the co-author of 2 leading casebooks, The Law of American Health Care and Public Health Law, Her scholarship is as voluminous as it is remarkable. In 2019, she won the Excellence in Teaching Award at BU School of Public Health.

Rachel Sachs is a Professor at Washington University in St Louis. She is a scholar of innovation policy whose work explores the interaction of intellectual property law, food and drug regulation, and health law. Her work explores problems of innovation and access to new health care technologies. Professor Sachs’ scholarship has appeared in major law reviews and health policy journals. Before entering the world of teaching and researching she clerked for the Hon. Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.

Our sole topic of conversation; in a Dear Medicaid Director letter dated January 30, 2020 The Centers for Medicare and Medicaid Services (CMS) invited applications from the states via a waiver mechanism, the so-called Section 1115 waiver, to replace their Medicaid Expansion programs with a type of “block grant”, branded by CMS as its “Healthy Adult Opportunity.”

Must read scholarship by my guests include The Problematic Law and Policy of Medicaid Block Grants, Limiting State Flexibility in Drug Pricing, this “The Hill” op-ed., Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment, and Health Care and the Myth of Self-Reliance, all linked from TWIHL.com

Feb 18 2020

46mins

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175. Actuarial Value: From Moral Hazard to Cost-Shifting, Guest Christopher Robertson.

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I am joined by Christopher Robertson, Associate Dean for Research and Innovation and Professor of Law at the University of Arizona. He also teaches at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. His scholarship is well known to most of you including publications in leading law reviews and outlets such as the New England Journal of Medicine He is routinely featured in national media such as the Wall Street Journal and the Washington Post, and on NBC News and National Public Radio. His latest book is Exposed, published this month by Harvard University Press

Feb 10 2020

30mins

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174. The Week in Public Health. Guests, Ross Silverman and Alexandra Phelan.

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A welcome back to my friend and collaborator Ross Silverman. He is 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. And a first time welcome to Alexandra Phelan. Dr. Phelan is a member of the Center for Global Health Science and Security and a Faculty Research Instructor in the Department of Microbiology and Immunology at Georgetown University. She also holds an appointment as Adjunct Professor of Law at Georgetown University Law Center. We started with a “lighting round.” First, SCOTUS not taking the Flint water lead contamination case. Second, the doubts cast on wraparound services by the NEJM hot-spotting study. Third, a quick update on the opioid litigation, including the Purdue Pharma bankruptcy proceedings Oklahoma’s new lawsuits against three large drug distributors. Hunter has also filed for almost half-million in litigation costs from J&J, the defendant pharmacies in the Cleveland litigation are arguing that doctors are responsible for any improper distribution of opioids to patients, not pharmacists who are obliged to fill those prescriptions. Finally, the first major criminal actions have now run their course with several Insys executives sentenced to jail time. The rest of the episode is a deep dive into the 2019-nCoV or Wuhan Coronavirus, of course with the caveat that this is a daily shifting landscape.

Jan 29 2020

47mins

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173. Before the End of the Next Administration. Guest, Kirk Nahra.

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A welcome back to Kirk Nahra, a partner at and co-chair of the Cybersecurity and Privacy Practice at WilmerHale in DC. A leader in the privacy bar, Mr. Nahra has been involved in developing the privacy legal field for 20 years. As a founding member and longtime board member of the International Association of Privacy Professionals, he helped establish the organization’s Privacy Bar Section. He has taught privacy issues at several law schools, including serving as an adjunct professor at the Washington College of Law at American University and at Case Western Reserve University. In addition, he currently serves as a fellow with the Cordell Institute for Policy in Medicine & Law at Washington University in St. Louis and as a fellow with the Institute for Critical Infrastructure Technology. We have a broad-ranging discussion about the last year in HIPAA enforcement, HHS-OCR’s apparent interest in access rights likely influenced by a highly publicized Citizen study, the HIPAA RFI, and the health privacy implications of California’s Consumer Privacy Act (or CCPA).

Jan 10 2020

45mins

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172. Naughty or Nice 2019? Guests, Zack Buck, John Cogan, and Jennifer Oliva.

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Ho-ho-ho! It’s the return of “Who’s Been Naughty or Nice?,” TWIHL’s infamous Holiday show. This year’s festive appreciation of healthcare law and policy features the seasonal vocalizations of Zack Buck, John Cogan, and Jennifer Oliva. 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 our stockings and remind us that the consumption of prodigious amounts of egg nog is increasingly a quid pro quo for health law and policy work.

Dec 23 2019

39mins

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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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