Cover image of The Week in Health Law
(67)
Government & Organizations
National

The Week in Health Law

Updated 14 days ago

Government & Organizations
National
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

67 Ratings
Average Ratings
64
2
1
0
0

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

67 Ratings
Average Ratings
64
2
1
0
0

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

Updated 14 days ago

Read more

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

Rank #1: 83. Yup, Kafka Was Writing About Healthcare Billing. Guest, Erin Fusee Brown.

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Georgia State Professor of Law Erin Fusee Brown makes a welcome return to the podcast. Our discussion centered on surprise medical bills (including balance billing),“inscrutable price opacity,” and medical debt collection, This is a difficult area and one that the ACA only began to confront. Looking forward, our consensus was that increasingly this will become the province of “bifurcated” state laws acting, of course, under the specter of ERISA preemption.
Jan 30 2017
38 mins
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Rank #2: 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
31 mins
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Rank #3: 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
43 mins
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Rank #4: 143. Nicole Huberfeld: Health Reform, Medicaid and Health Care Federalism

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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 21 2018
26 mins
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Rank #5: 126. The Old Healthcare System and the Sea. Guest, Carl Ameringer.

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A first time visit from Dr. Carl Ameringer, professor of health policy and politics at Virginia Commonwealth University in Richmond, Virginia. A lawyer with a PhD in political science, he is an expert on issues surrounding our national debate on health care reform. We discuss his latest book “US Health Policy and Health Care Delivery: Doctors, Reformers, and Entrepreneurs” published by Cambridge University Press.
Feb 06 2018
33 mins
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Rank #6: 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
32 mins
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Rank #7: 136. Diseases of Despair (1): Public Health

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In April, 2018 the Northeastern University School of Law held a conference titled “Diseases of Despair: The Role of Policy and Law.” TWIHL was asked to be the event’s podcast partner and we roped in Leo Beletsky, our friend and one of the conference organizers to act as co-host for two special TWIHL episodes. We recorded two shows, this, the first, concentrated on public health aspects. TWIHL thanks all the conference attendees and the organizers for their help and a wonderful conference.
Apr 20 2018
29 mins
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Rank #8: 122. Is there a Care Worker Win-Win? Guest, Paul Osterman.

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Frank and I welcome labor economist Paul Osterman, Professor of Human Resources and Management at the MIT Sloan School of Management. His most recent book is “Who Will Care For Us: Long Term Care and the Long Term Workforce,” which is the basis for our discussion. He argues that the expansion of the role of direct care workers “will save the system money, both by obtaining better health outcomes—thereby reducing visits to emergency rooms, hospitals, and nursing homes—and by shifting some tasks to lower-paid occupations.” Our discussion covers the demographics of care workers, scope of practice issues, the role of Medicare and Medicaid, possible technological innovations, and quality regulation.
Jan 10 2018
34 mins
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Rank #9: 130. Professor Doom-and-Gloom. Guest, Heather Howard.

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We welcome back one of the pod’s most popular guests. Heather Howard is a member of the faculty at Princeton University’s Woodrow Wilson School of Public and International Affairs. With her help we unpack the latest flurry of Section 1115 waiver approvals. Some seem ripe for considerable skepticism, threatening the healthcare of many. Others, current or proposed, give us some cause for cautious optimism.
Mar 10 2018
44 mins
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Rank #10: 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
37 mins
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Rank #11: 132. Price Insensitivity. Guest, Rachel Sachs.

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A welcome return from Rachel Sachs, a Professor at the Washington University in St. Louis School of Law. her primary research interests lie at the intersection of patent law and health law, with a particular focus on problems of innovation and access and the ways in which law helps or hinders these problems. She is a prolific scholar who has a knack for identifying cutting-edge research. We discuss various aspects of the drug price phenomenon, attempting to find some explanations for our current and exploring some possible solutions.
Mar 22 2018
41 mins
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Rank #12: 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
33 mins
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Rank #13: 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
24 mins
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Rank #14: 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
40 mins
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Rank #15: 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
39 mins
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Rank #16: 123. “Be Strong, Be Well, Be of Value.” Guest, Zack Buck.

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We welcome back our good friend Zack Buck, Professor of Law and Wilkinson Junior Research Professor at the University of Tennessee College of Law. He teaches bioethics and public health, torts, health care finance and organization, health care regulation and quality, and fraud and abuse. He is producing really interesting scholarship relating to our seemingly ever-present and intractable healthcare price and cost issues. Our conversation includes some compelling “lightning” stories, including wellness plans, the Health Affairs retirement of the great Tim Jost, and Medicaid work requirements. Then Zack demonstrated his true mettle, answering questions about MACRA/MIPS, value bundle reimbursement models, and state law attempts to reel in drug costs.
Jan 17 2018
38 mins
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Rank #17: 128. Barriers to Enrollment. Guest, Nicole Huberfeld.

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Pod favorite and BU public health and law professor Nicole Huberfeld makes a welcome return. We discuss Medicaid work requirements, lockouts, and health literacy testing and reflect on the new CMS-imagined Medicaid space. As CMS blows past its traditional guardrails we ask, what are the limits for post-ACA Medicaid, a tightly controlled welfare benefit rather than universality-enabling health insurance? We end our discussion by weighing the possible legal challenges to the recent Section 1115 waiver plans. Also, we try to stay cheerful!
Feb 21 2018
33 mins
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Rank #18: 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
40 mins
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Rank #19: 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
39 mins
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Rank #20: 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
27 mins
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