Shows
The Week in Health Law235. A Safer, More Equitable Future.This is a special episode of TWIHL that introduces our new report, Volume II of our COViD-19 Policy Playbook titled, Legal Recommendations for a Safer, More Equitable Future. Support for this report was generously provided by the de Beaumont Foundation, the American Public Health Association, and the Robert Wood Johnson Foundation. On this episode you will hear from the six members of the editorial committee in the following order-- Lance Gable from Wayne State University, Wendy Parmet from Northeastern University, myself, Scott Burris from Temple University, Donna Levin from The Network for Public Health Law, and finally Sarah de Guia...
2021-04-0834 minThe Week in Health Law216. Equity in All Policies. Guest, Sarah de Guia.My special guest is Sarah de Guia, Chief Executive Officer of ChangeLab Solutions. Sarah earned her law degree from Santa Clara University School of Law and her bachelor’s degree in ethnic studies from the University of California, Berkeley. Before joining ChangeLab Solutions, Sarah worked as a health program director at Latino Issues Forum and a legislative analyst at the Mexican American Legal Defense and Educational Fund and thereafter at the California Pan-Ethnic Health Network, first as director of government affairs and then as executive director. She has authored many publications on the health of communities of color in California, or...
2020-08-2100 minThe Week in Health Law215. Recent Advances in Medical Device Regulation. Guests, Timo Minssen, Helen Yu, Janos Meszaros, Christopher Robertson, and Preeti Mehrotra.This is the last of three episodes of “Innovation and Protection: The Future of Medical Device Regulation,” a podcast miniseries created to replace the 2020 Petrie-Flom Center Annual Conference in light of the COVID-19 pandemic. These episodes highlight a selection of papers that were written for the conference, which was organized in collaboration with the University of Copenhagen’s Center for Advanced Studies in Biomedical Innovation Law (CeBIL) and the University of Arizona Health Law Program. All of the papers will be published in an edited volume. This third episode looks at recent advances in medical device regulation in the U.S. and...
2020-08-1400 minThe Week in Health Law214. Technological Advancements & Medical Device Regulation. Guests, Nicholson Price, Craig Konnoth, Carmel Shachar, Anthony P. Weiss, and Barbara Evans.This is the second of three episodes of “Innovation and Protection: The Future of Medical Device Regulation,” a podcast miniseries created to replace the 2020 Petrie-Flom Center Annual Conference in light of the COVID-19 pandemic. These episodes highlight a selection of papers that were written for the conference, which was organized in collaboration with the University of Copenhagen’s Center for Advanced Studies in Biomedical Innovation Law (CeBIL) and the University of Arizona Health Law Program. All of the papers will be published in an edited volume. First, Nicholson Price, Professor at the University of Michigan School of Law, interviews Craig Konnoth...
2020-07-1600 minThe Week in Health Law213. Ethical Issues in Development of a COVID-19 Vaccine. Guests, Tara Sklar & Arthur Caplan.
2020-07-1000 minThe Week in Health Law212. Substance Use Privacy Before & After CARES. Guests, Kirk Nahra & Melissa Goldstein.A returning fan favorite is Kirk Nahra, a PARTNER and Co-Chair of the Cybersecurity and Privacy Practice at Wilmer Hale in DC. He has been a leading authority on privacy and cybersecurity matters for more than two decades. Mr. Nahra counsels clients across industries, from Fortune 500 companies to startups, on implementing the requirements of privacy and data security laws across the country and internationally. And, after all this time, finally I welcome Melissa Goldstein, Associate Professor in the Department of Health Policy and Management at the Milken Institute School of Public Health at the George Washington University, where she teaches...
2020-07-0300 minThe Week in Health Law211. Future of Medical Device Regulation. Guests, Carmel Shachar, Glen Cohen, Matthew Herder, Christoper Robertson, and Ross Silverman.This is the first of three episodes of “Innovation and Protection: The Future of Medical Device Regulation,” a podcast miniseries created to replace the 2020 Petrie-Flom Center Annual Conference in light of the COVID-19 pandemic. These episodes highlight a selection of papers that were written for the conference, which was organized in collaboration with the University of Copenhagen’s Center for Advanced Studies in Biomedical Innovation Law (CeBIL) and the University of Arizona Health Law Program. All of the papers will be published in an edited volume. This first episode looks at big-picture issues with medical device regulation in the U.S. Fir...
2020-06-2600 minThe Week in Health Law210. George #covidlawbriefing. Take-Aways and Things to Think About, with Scott Burris, Lance Gable, Wendy Parmet, and Nicolas Terry.
2020-06-1800 minThe Week in Health Law209. George #covidlawbriefing. Domestic Violence, with Margo Lindauer and Leo Beletsky.
2020-06-1500 minThe Week in Health Law208. George #covidlawbriefing. Law and Political Economy, with Gregg Gonsalves, Amy Kapczynski, and Leo Beletsky.
2020-06-1500 minThe Week in Health Law207. George #covidlawbriefing. Equitable Enforcement, with Elizabeth Tobin-Tyler, Jessica Breslin, and Katie Hannon Michel.
2020-06-1200 minThe Week in Health Law206. George #covidlawbriefing. Religious Freedom Restoration Act, with Claudia Haupt and Abraham Gutman.
2020-06-1200 minThe Week in Health Law205. George #covidlawbriefing. Vulnerable Workers, with Seema Mohapatra, Ruqaiijah Yearby, and Wendy Parmet.
2020-05-2800 minThe Week in Health Law204. George #covidlawbriefing. Preemption, with Derek Carr, Kim Haddow, and Sabrina Adler.
2020-05-2100 minThe Week in Health Law203. George #covidlawbriefing. The Wisconsin Decision, with Scott Burris, Lance Gable, Wendy E. Parmet, and Nicolas Terry.
2020-05-1800 minThe Week in Health Law202. George #covidlawbriefing. Workplace Safety, with Emily Spieler and Wendy Parmet.
2020-05-1800 minThe Week in Health Law201. George #covidlawbriefing. Food Supply Chain & Shortages, with Steph Tai and Lance Gable.
2020-05-1300 minThe Week in Health Law200. George #covidlawbriefing. Election Concerns, with Rebecca Green, PhilipRocco, and Nicolas Terry.
2020-05-1200 minThe Week in Health Law199. George #covidlawbriefing. Liability Shields, with Nicolas Terry, Timothy Lytton, and Lance Gable.
2020-05-0700 minThe Week in Health Law198. George #covidlawbriefing. Human Subject Research, with Jennifer Bard, Holly Fernandez Lynch, and Scott Burris.
2020-05-0700 minThe Week in Health Law197. George #covidlawbriefing. Law Enforcement, with Alexander McClelland and Leo Beletsky.
2020-05-0500 minThe Week in Health Law196. George #covidlawbriefing. Surveillance, with Annie Boustead, Jennifer Oliva, and Ben Boudreaux.
2020-05-0100 min2020-04-2900 minThe Week in Health Law194. George #covidlawbriefing. Immigration, Wendy Parmet, Medha Makhlouf, and Nicolas Terry.
2020-04-2800 minThe Week in Health Law193. George #covidlawbriefing. Abortion Exceptionalism, Maya Manian, Seema Mohapatra, and Rachel Rebouché.
2020-04-2700 minThe Week in Health Law192. George #covidlawbriefing. Laws of Unlocking, Lindsay Wiley and Scott Burris.
2020-04-2300 minThe Week in Health Law191. George #covidlawbriefing. Dealing with the Eviction Crisis, Emily Benfer, Anne Kat Alexander and Abraham Gutman.
2020-04-2100 minThe Week in Health Law190. Intellectual Property in the Time of COVID. Guests, Jorge Contreras and Mark Lemley.Two excellent guests this week. First, and a repeat visitor to the Pod is Jorge Contreras, Professor Law at the University of Utah S.J. Quinney College of Law. There he teaches in the areas of intellectual property law, property law and genetics and the law. He has edited six books and published more than 100 scholarly articles and book chapters. He has recently been named one of the University of Utah's Presidential Scholars, and won his school’s 2018-19 Faculty Scholarship Award. Second, I welcome Mark Lemley, the William H. Neukom Professor of Law at Stanford Law School and the Dir...
2020-04-2000 minThe Week in Health Law189. George #covidlawbriefing. Medicaid and the ACA, Nicole Huberfeld, Sidney Watson and Wendy Parmet.
2020-04-1600 minThe Week in Health Law188. George #covidlawbriefing. Drug Development, FDA, & Off-Label Use, Michael Sinha and Patricia Zettler.
2020-04-1500 minThe Week in Health Law187. George #covidlawbriefing. Cordon Sanitaire, Scott Burris and Ross Silverman.
2020-04-1400 minThe Week in Health Law186. George #covidlawbriefing. Protecting the Vulnerable Substance Use Population, Deborah Reid, Nicolas Terry and Leo Beletsky.
2020-04-0900 minThe Week in Health Law185. George #covidlawbriefing. Federalism, Wendy Parmet, Elizabeth Weeks and Nicolas Terry.
2020-04-0800 minThe Week in Health Law184. George #covidlawbriefing. Medical Rationing and Disability Rights, Abraham Gutman, Leslie Francis, Samuel Bagenstos, and Govind Persad.
2020-04-0400 minThe Week in Health Law183. George #covidlawbriefing. Making Medical Rationing Decisions, Abraham Gutman, Diane Hoffman and Lance Gable.
2020-04-0400 minThe Week in Health Law182. Abortion Exceptionalism. Guests, Rachel Rebouché, Patty Skuster, and Adrienne Ghorashi.Three excellent guests this week. First, and well-known to the TWIHL listener is Rachel Rebouché, Professor of Law and Associate Dean for Research at Temple University where she teaches Family Law, Health Care Law, and Contracts. Patty Skuster is a Senior Legal Advisor at Ipas, a non-profit dedicated to improving reproductive rights. She is also a Fellow at Temple University’s Center for Public Health Law Research. Last but not least Adrienne Ghorashi is a Program Manager at the Center for Public Health Law Research. Her work focuses on the intersection of laws and reproductive and sexual health, including the reg...
2020-04-0300 minThe Week in Health Law181. George #covidlawbriefing. Commandeering, with Scott Burris and Vickie Williams.
2020-04-0100 min2020-04-0100 minThe Week in Health Law179. Don’t Let a Good Disaster Go to Waste. Guests, Wendy Mariner, Michael Ulrich.My guests are Wendy Mariner, the Edward R. Utley Professor of Health Law at Boston University School of Public Health, Professor in the Center for Health Law, Ethics & Human Rights, Professor in the Department of Health Law, Policy & Management, and Director of the JD-MPH dual degree program at Boston University School of Public Health; Professor of Law at Boston University School of Law; and Professor of Medicine at Boston University School of Medicine. And, Michael Ulrich is a Professor of Health Law, Ethics, & Human Rights at the Boston University School of Public Health. His scholarship focuses on...
2020-03-2000 minThe Week in Health Law178. Germline Ethics. Guest, Françoise Baylis.I welcome Dr. Françoise Baylis, University Research Professor at the NTE Impact Ethics interdisciplinary research team based at the Faculty of Medicine, Dalhousie University in Halifax Canada. She is a member of the Order of Canada and the Order of Nova Scotia, as well as a Fellow of the Royal Society of Canada and a Fellow of the Canadian Academy of Health Sciences. In 2017 she was awarded the Canadian Bioethics Society Lifetime Achievement Award. She is a distinguished researcher and prolific scholar with 200 or so books, refereed publications and chapters to her name. Her latest book published by Harvard U...
2020-03-1600 minThe Week in Health Law177. Regimes of Inequality. Guest, Julia Lynch.I welcome Dr. Julia Lynch, a Professor of Political Science at the University of Pennsylvania. Her research focuses on the politics of inequality and social policy in the rich democracies, particularly the countries of western Europe with a particular interest in comparative health policy and the politics of health inequalities; comparative political economy of western Europe; southern European politics; and the politics of aging. At Penn, she serves as the faculty director of the Penn In Washington Program, and co-directs the Penn-Temple European Studies Colloquium. Dr Lynch serves on the advisory board of the Italian Studies Program, is a Senior...
2020-02-2700 minThe Week in Health Law176. Blockheads. Guests, Nicole Huberfeld and Rachel Sachs.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...
2020-02-1800 minThe Week in Health Law175. Actuarial Value: From Moral Hazard to Cost-Shifting, Guest Christopher Robertson.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...
2020-02-1000 minThe Week in Health Law174. The Week in Public Health. Guests, Ross Silverman and Alexandra Phelan.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...
2020-01-2900 minThe Week in Health Law173. Before the End of the Next Administration. Guest, Kirk Nahra.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...
2020-01-1000 minThe Week in Health Law172. Naughty or Nice 2019? Guests, Zack Buck, John Cogan, and Jennifer Oliva.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.
2019-12-2400 minThe Week in Health Law171. The Voldemort of Health Law. Guests, Erin Fuse Brown & Elizabeth McCuskey.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 fo...
2019-11-2200 minThe Week in Health Law170. Inclusive Health Care? Guests,Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, & Ruqaiijah Yearby.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.
2019-11-1400 minThe Week in Health Law169. Notes From a Birthday Party. Guest co-host, Rachel Rebouché.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 Nor...
2019-11-0200 minThe Week in Health Law168. I'm Not Actually Supposed to Be Here. Guest, Matthew Cortland.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...
2019-10-2800 minThe Week in Health Law167. You Got Me On The Wrong Day.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 f...
2019-10-2000 minThe Week in Health Law166. Too Much Information about State Health Law.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.
2019-09-1800 minThe Week in Health Law165. Thinking Deeply about Public Health Law Research. Guests, Rachel Rebouché & Scott Burris.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 t...
2019-09-0500 minThe Week in Health Law164. Will What Happened in Oklahoma Stay in Oklahoma? Guest Jennifer Oliva.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.
2019-08-2800 minThe Week in Health Law163. Trouble in Texas. Guest, Elizabeth Weeks.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.
2019-08-2300 minThe Week in Health Law162. Fortnite Healthcare. Guest, Fazal Khan.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 h...
2019-08-1900 minThe Week in Health Law161. Here Come’s The Judge. Guest, John Cogan.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...
2019-08-1300 minThe Week in Health Law160. Protecting the Herd. Guests, Julie Cantor & Ross Silverman.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...
2019-06-2000 minThe Week in Health Law159. Came for the Opioids, Stayed for the Civil Procedure. Guest, Elizabeth Chamblee Burch.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 ne...
2019-06-0400 minThe Week in Health Law158. Opioid Litigation Update. Guest, Jennifer Oliva.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...
2019-05-0700 minThe Week in Health Law157. Misaligned Opioid Policies. Guests, Leo Beletsky & Jennifer Oliva.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 U...
2019-04-2800 minThe Week in Health Law156. Promises & Perils. Guest Host, Claudia Haupt; Guests, Ignacio Cofone, Jessica Roberts, & Ana Santos Rutschman.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.
2019-04-1700 minThe Week in Health Law155. It’s The Prices Stupid! Guests, Aaron Kesselheim and Jonathan Darrow.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 en...
2019-03-1500 minThe Week in Health Law154. Zip Code Health. Guest, Karen De Salvo.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. He...
2019-02-2500 minThe Week in Health Law153. Naughty or Nice 2018? Guests, Zack Buck, Erin Fuse Brown, and Elizabeth Weeks Leonard.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.
2018-12-2300 minThe Week in Health Law152. Regulate Now or Regulate Later? Guests, Nathan Cortez, Sharona Hoffman, and Abbe Gluck.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 Scho...
2018-12-1600 minThe Week in Health Law151. Automating Drudgery. Guests, Michael Froomkin, Abbe Gluck, and Nicholson Price.I am joined by Abbe Gluck, Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School. In November 2018 her team pulled together an excellent roundtable on “The Law and Policy of AI, Robotics, and Telemedicine in Health Care.” This episode of TWIH is the first of two taking a deeper dive into just a few of the issues that were so well presented at the roundtable. Here we were joined by Michael Froomkin, the Laurie Silvers and Mitchell Rubenstein Distinguished Professor of Law at the University of Miami School of Law...
2018-12-0700 minThe Week in Health Law150. A Two-in-Ten Chance. Guest, Kirk Nahra.A long overdue return from health care privacy and security guru Kirk Nahra. Kirk is a partner at Wiley Rein LLP in DC and teaches privacy courses at American University. We have a broad-ranging discussion touching on European General Data Protection Regulation (particularly its territorial scope), the new California Consumer Privacy Act of 2018 (particularly its attempted HIPAA carve-out), the (un)likelihood of federal privacy regulation, and some recent HIPAA cases and settlements.
2018-11-2600 minThe Week in Health Law149. AI & the Practice of Medicine. Guests, MWE-FSMB All-Stars.What do you get when you put some super-smart lawyers from a top law firm and the Federation of State Medical Boards in a room and raise the topic of AI regulation? Answer: Some pretty smart ideas about future implementation, reimbursement, liability and regulation. Joining me for the discussion are Terry Dee, Jiayan Chen, Kate McDonald, and Dale Van Demark, all partners in various offices of McDermott Will & Emery and Eric Fish, Senior Vice President for Legal Services at The Federation of State Medical Boards. The discussion involves some predictable issues such as data protection and FDA regulation but...
2018-11-1600 minThe Week in Health Law148. Midterm Takeaways Director’s Cut. Guest, Wendy Mariner.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. It’s three days after the midterm elections and we thought it would be a good idea to reflect on some of the health law and policy stories. For more see http://blog.petrieflom.law.harvard.edu/ 2018/11/08/10-health-law-and-policy-takeaways-from-the-midterm-election/#more-26940
2018-11-1000 minThe Week in Health Law147. Because We Are Human. Guest, Wendy Parmet.If you listened to the last episode of TWIHL you may recall that it was recorded early on October 26th 2018 just before I kicked off our conference on the intersection of health care and immigration policy. Thereafter, it was my distinct pleasure to welcome Wendy Parmet as our keynote speaker. Professor Parmet is the Matthews Distinguished University Professor of Law and Director, Center for Health Policy and Law; Professor of Public Policy and Urban Affairs, Northeastern University School of Public Policy and Urban Affairs. With Patricia Illingworth she authored The Health of Newcomers, Immigration, Health Policy, and the Case for...
2018-11-0500 minThe Week in Health Law146. Health Law Profs on Immigration Getting Coffee. Guests, YY Brandon Chen, Brietta Clark, and Medha Makhlouf.This week I welcome to the pod YY Brandon Chen, Brietta Clark, and Medha Makhlouf. We have a broad discussion about the intersection of health care and immigration policy. We look at federal initiatives such as the proposed public charge rule and existing federal restrictions on providing healthcare to “newcomers.” Our guests explain attributes of the Canadian and Californian systems that, rather than being exceptional and progressive example, themselves in their detail illustrate some of the broader discussions we are (or should be) having.
2018-10-2700 minThe Week in Health Law145. Jennifer Bard: Teaching Public Health Law in the Age of TrumpThese 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 Me...
2018-08-3100 minThe Week in Health Law144. Zack Buck: Paying for Health Care in the Trump EraThese 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 Me...
2018-08-2600 minThe Week in Health Law143. Nicole Huberfeld: Health Reform, Medicaid and Health Care FederalismThese 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 Me...
2018-08-2100 minThe Week in Health Law142. Nicolas Terry: State Law Reactions to TrumpcareThese 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 Me...
2018-08-1600 minThe Week in Health Law141. How the GSK Met his DNA. Guests, Amy McGuire, Natalie Ram.This week on the pod I welcome Amy McGuire, the Leon Jaworski Professor of Biomedical Ethics and Director of the Center for Medical Ethics and Health Policy at Baylor College of Medicine and Natalie Ram, a Professor of Law at The University of Baltimore School of Law. Our conversation revolves around the arrest of the suspected Golden State Killer who was partially identified by a DNA match through a publicly accessible database. Legal topics range from the Fourth Amendment to HIPAA and the Common Rule as we discuss implications for personal privacy and major, DNA-led projects such as Precision Medicine.
2018-06-0500 minThe Week in Health Law140. Hell Hath No Housing. Guests, Scott Burris, Abraham Gutman.Special guest host Wendy Mariner from Boston University and I welcome Scott Burris and Abraham Gutman from Temple University’s Center for Public Health Law Research. We discuss the failures associated with the Fair Housing Act including the delayed implementation of the Affirmatively Furthering Fair Housing rule, the eviction epidemic, the tragedy of the silos in public health interventions, and the concept of “health in all policies.”
2018-05-2400 minThe Week in Health Law139. Treating Corpses. Guest, Thad Pope.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...
2018-05-1400 minThe Week in Health Law138. Cass and Homer. Guest, Jessica Roberts.Jessica Roberts, the Director of the Health Law and Policy Institute and a George Butler Research Professor at the University of Houston Law Center returns to the pod. She specializes in health law, disability law, and genetics and the law and her book on “Health ism,” co-authored with fried of the pod Elizabeth Weeks Leonard, is forthcoming from Cambridge University Press. We begin by discussing health discrimination before, during, and after the ACA. Then, we discuss Jessica’s take (admirably articulated in a recent Michigan Law Review book review) on the nudging at the center of healthcare’s version of behavior...
2018-05-0400 minThe Week in Health Law137. Diseases of Despair (2): Healthcare Law and PolicyIn 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 second, concentrated on healthcare law and policy. TWIHL thanks all the conference attendees and the organizers for their help and a wonderful conference.
2018-04-2700 minThe Week in Health Law136. Diseases of Despair (1): Public HealthIn 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.
2018-04-2000 minThe Week in Health Law135. Another BioBrick in the Wall. Guest, Andrew Torrance.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.
2018-04-1300 minThe Week in Health Law134. Another “The Week in Medicaid.” Guest, Jamila Michener.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.
2018-04-0600 minThe Week in Health Law133. Political Rashomon. Guest, Philip Rocco.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.
2018-03-3000 minThe Week in Health Law132. Price Insensitivity. Guest, Rachel Sachs.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.
2018-03-2200 minThe Week in Health Law131. Where’s the Remote? Guest, Jeanne Lenzer.We are joined by award-winning medical investigative reporter Jeanne Lenzer. Her first book, “The Danger Within Us: America's Untested, Unregulated Medical Device Industry and One Man's Battle to Survive It.” Lenzer puts forward strong arguments that the medical device industry is under-regulated. Woven through her analysis is the story of one patient’s dangers and difficult journey involving an implanted device together with related stories about physicians and researchers.
2018-03-1500 minThe Week in Health Law130. Professor Doom-and-Gloom. Guest, Heather Howard.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.
2018-03-1000 minThe Week in Health Law129. Trusted Stool. Guest, Diane Hoffman.Frank Pasquale, Nicolas Terry and their Guests discuss the significant health law and policy issues of the week. Show notes are at TWIHL.com.
2018-03-0100 minThe Week in Health Law128. Barriers to Enrollment. Guest, Nicole Huberfeld.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!
2018-02-2100 minThe Week in Health Law127. Sylvester Stallone’s Preference. Guest, Jacob Sherkow.We welcome Jacob Sherkow, a law Professor at the Innovation Center for Law and Technology, at New York Law School. There he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Prof. Sherkow is a prolific scholar, the author of over two dozen articles on these and related topics in both traditional law reviews and scientific journals. Our conversation begins with an excellent CRISPR primer before traversing some fascinating questions about gene-editing patent litigation around the world, licensing issues, and the broader array of...
2018-02-1500 minThe Week in Health Law126. The Old Healthcare System and the Sea. Guest, Carl Ameringer.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.
2018-02-0600 minThe Week in Health Law125. Running on the Spot. Guest, Carl Coleman.Seton Hall law professor Carl Coleman leads our deep dive into human subjects research, the revised common rule, and the most import features of the latter. We question and speculate on the reasons for the continued freezing and delays surrounding the revised common rule, discuss the arguably marginal improvements over its predecessor, some comparative perspectives, and some of the annoyances still felt by researchers about both the original and revised rules.
2018-01-3100 minThe Week in Health Law124. Dystopian Memes.It's a stormy healthcare landscape out there, so this show is all lightning round. We cover several areas:
Litigation: Nic provides the Ariadne's thread through a labyrinthine pharma-tort judgment out of California. The metal on metal hip litigation has resulted in a big judgment, but medical device regulation is still fundamentally broken. Disgruntled Centene enrollees are suing the ACA insurer of last resort for ultra-narrow networks (and Washington state is not happy, either). Washington may lead the way for future narrow network regulation or consent decrees. We followed up on the duodenoscope superbug litigation saga, focusing on duties to translate...
2018-01-2300 minThe Week in Health Law110. Back to School Special 2017, Part 2. Guests, TWIHL Allstars.Our annual Back To School Special returns in time for a new semester. In this second part we welcome TWIHL Allstars Erin Fuse Brown, Zack Buck, and Jessica Roberts. In this part, topics state health laws in the time of Trump, price and cost issues, ERISA, MIPS, a fraud and abuse case to watch, and genetic “property” statutes. We ended with some general thoughts about what we learned from the reform and repeal choose of the past seven months.
2017-08-2400 minThe Week in Health Law109. Back to School Special 2017, Part 1. Guests, TWIHL Allstars.Our annual Back To School Special returns in time for a new semester. In this first part we welcome TWIHL Allstars Nick Bagley, Micah Berman, Glenn Cohen, Nicole Huberfeld. Our conversations covered a lot of ground including CSR payments, House v. Price, gene editing, the Trump administration’s approach to regulation, healthcare federalism, and the future of waivers under CMS’s new management.
2017-08-1700 minThe Week in Health Law100. The Self-Indulgent Show. Frank and Nic celebrate the 100th Episode of TWIHL!!!Perhaps we should have called it “We Should Have Quit Will We Were Ahead!” In any event, a 100th show doesn't come around every week (or even every 8.5 days), and we wanted to express our thanks to all our guests and listeners while reflecting (hence the self-indulgence) on the journey so far.
2017-06-1400 minThe Week in Health Law80. Naughty or Nice 2016? Guests, the TWIHL Allstars.Our irreverent but also quite serious annual survey of who or what has been nice or naughty in health law and policy during the last year. Our experts make some great picks and dig deep into the underlying policy coal and candy. Plus, of course, our “surprise” bonus round as we pick who we would like to welcome singing carols outside our homes! Great thanks to Professors Nicole Huberfeld (University of Kentucky College of Law), Elizabeth Weeks Leonard (University of Georgia School of Law), Lindsay Wiley (American University Washington College of Law), Jessica Roberts (University of Houston Law Center), and Glen...
2016-12-2300 minThe Week in Health Law73. The invisible co-payment. Guest, Allison Hoffman.A conversation with UCLA law professor Allison Hoffman about her new article that suggests a new social insurance model for long term care and reframes the risk involved as that suffered by the elderly person’s “next- friend.” Plus a fast-moving lightning round on physicians’ political affiliations, PHI in the cloud, and nursing home arbitration clauses together with a plea for TWIHL listeners to contribute to “Partners in Health.”
2016-10-1400 minThe Week in Health Law58. The Most Meta TWIHL Ever. Guests, Nick Bagley, Rachel Sachs, Ross Silverman & Ed Silverman and … an audience!A special episode of TWIHL discussing health law social media, recorded live at the 39th Annual Health Law Professors Conference organized here at Boston University by the American Society of Law, Medicine and Ethics.
2016-06-0500 min