ORDER NOW & GET 20% OFF! Law, Religion, and Health in the United States

Cambridge University Press, July 2017
by Holly Fernandez Lynch (Executive Director), I. Glenn Cohen (Faculty Director), and Elizabeth Sepper

About the Book: While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing… Read More

Congressional Clock Is Ticking On Efforts To Shore Up Obamacare Insurance Markets

Kaiser Health News, August 18, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Though some senators say they are cautiously optimistic, it is not yet clear if lawmakers will be able to reach… Read More

Federal Appeals Court Says Arkansas Can Block Medicaid Payments To Planned Parenthood

NPR, August 16, 2017
by Merrit Kennedy

A federal appeals court has sided with the state of Arkansas against Planned Parenthood, saying it can block Medicaid payments to the medical provider. It reversed earlier injunctions that forbade the… Read More

Trump Threat to Obamacare Would Send Premiums and Deficits Higher

New York Times, August 15, 2017
by Robert Pear and Thomas Kaplan

WASHINGTON — Premiums for the most popular health insurance plans would shoot up 20 percent next year, and federal budget deficits would increase by $194 billion in the coming… Read More

Trump Administration Extends Deadline For Insurers To Decide On Obamacare Markets

NPR, August 14, 2017
by Alison Kodjak

The Trump administration is giving insurance companies an extra three weeks to decide whether to offer insurance plans through the Affordable Care Act markets, and how much to charge. The extension comes… Read More

Bernie Sanders Tells Big Pharma

International Business Times, August 7, 2017
by Josh Keefe, quoting Rachel E. Sachs (Academic Fellow Alumna)

[...] Other experts told IBT federal support of drug development goes well beyond just funding research. “It’s not so much the money we are actually spending through NIH. We are providing huge… Read More

Massachusetts Officials Take Control Of Health Insurance Co-Op Formed By ACA

Kaiser Health News, August 4, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Minuteman Health Inc., which served customers in Massachusetts and New Hampshire, was one of the small customer-owned… Read More

Aetna’s Outlook Improves Amid Obamacare Exit

Forbes, August 3, 2017
by Bruce Japsen

Aetna’s moves to expand its Medicare Advantage business and shed its money- losing individual offerings under the Affordable Care Act are boosting the company’s financial outlook. [...] Read More

Senate Passes F.D.A. Funding and ‘Right to Try’ Drug Bills

New York Times, August 3, 2017
by Robert Pear and Sheila Kaplan

WASHINGTON — The Senate on Thursday gave final approval to legislation to finance the Food and Drug Administration, clearing the measure for President Trump and tapping drug manufacturers once… Read More

Academic Fellow Alum Matthew J. B. Lawrence Joins Faculty at Dickinson Law (Penn State)

Dickinson Law, Penn State University, August 1, 2017

Matthew J.B. Lawrence has joined the faculty of Penn State’s Dickinson Law as assistant professor of law. An expert in the fields of health law and administrative law, Lawrence will teach Health… Read More

Senators To Hold Bipartisan Hearings To Try To Protect Insurer Subsidies Threatened By Trump

Kaiser Health News, August 2, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The Senate Committee on Health, Education, Labor and Pensions will hold sessions beginning the week of Sept.… Read More

States Allowed To Intervene Over Federal Subsidy Payments Case, Court Of Appeals Rules

Kaiser Health News, August 2, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The case, which dates back to the Obama administration, was filed by the Republican-led House against the government… Read More

Insurer Subsidies Provide Trump With Powerful Tool He’s Not Hesitating To Wield

Kaiser Health News, August 1, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations If President Donald Trump cut off the subsidy payments to insurers, which he can decide to do, it would devastate… Read More

White House not letting go of Obamacare repeal

Politico, July 31, 2017
by Burgess Everett and Josh Dawsey

The White House is trying to rebuild momentum for Obamacare repeal after it stalled, yet again, in the GOP Senate last week. Sen. Bill Cassidy (R-La.) met Monday with top aides to President Donald Trump… Read More

Trump’s Opioid Commission Calls for a State of Emergency

The Atlantic, July 31, 2017
by Olga Khazan

A government opioid commission chaired by New Jersey Governor Chris Christie has called for President Trump to declare a state of emergency in dealing with the opioid epidemic, which now kills more… Read More

How to Repair the Health Law (It’s Tricky but Not Impossible)

New York Times, July 29, 2017
by Reed Abelson, Abby Goodnough, and Katie Thomas

Republicans have failed to repeal and replace the Affordable Care Act. Now, can it be repaired? The seven-year-old law has survived Supreme Court decisions and aggressive attempts to extinguish it by Republicans… Read More

McCain Rejects ‘Skinny Plan’ And Helps Derail GOP’s Repeal Efforts In Stunning Late-Night Vote

Kaiser Health News, July 28, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The so-called "skinny plan" kept most of the Affordable Care Act in place, only rolling back some provisions… Read More

Hospitals Face Growing Cybersecurity Threats

NPR, July 26, 2017
by Lauren Silverman

In the neonatal intensive care unit of Cook Children's Hospital in Fort Worth, Texas, a father is rocking a baby attached to a heart monitor. While doctors roam the halls trying to prevent infections,… Read More

Health Care Efforts Edge Toward Chaos As Senators ‘Don’t Even Know’ What The[y’re] Voting On

Kaiser Health News, July 24, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations "I don’t know whether we’re proceeding to the House bill, a new version of the Senate bill, the… Read More

Senate Parliamentarian Tosses Another Roadblock Onto Already Bumpy Path To Health Vote

Kaiser Health News, July 24, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Senate parliamentarian Elizabeth MacDonough says Republicans would need 60 votes to maintain abortion-related… Read More

NHS set to ban homeopathy for patients because it is ‘not evidence based [...]’

Independent, July 21, 2017
by Katie Forster

Doctors should stop prescribing homeopathic medicine to NHS patients, the health service has said. The change has been proposed because "at best, homeopathy is a placebo and a misuse… Read More

A Drug Maker Spends Big in Washington to Make Itself Heard

New York Times, July 21, 2017
by Jay Hancock, Elizabeth Lucas, and Sydney Lupkin

[...] This year, the company left the industry trade group Pharmaceutical Research and Manufacturers of America, or PhRMA, after the group threatened to kick out companies that did not spend enough… Read More

Administration Working On New Medicaid Plan To Win Support Of Senate Moderates

Kaiser Health News, July 20, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Officials are working up a plan that would offer states even more flexibility for running the program and as… Read More

Aids deaths halve as more get drugs

BBC News, July 20, 2017
by James Gallagher

Deaths linked to Aids have halved in a decade, official figures shows. The condition, which is caused by HIV, used to be one of the top 10 causes of death worldwide. A report by the Joint United… Read More

At a growing number of schools, sick kids can take a virtual trip to the doctor

STAT, July 19, 2017
by Leah Samuel

School nurses offer far more than just Band-Aids these days. As the prevalence of childhood conditions like asthma and diabetes have risen, nurses treat a wide range of problems. Still, only an estimated… Read More

Trump Demands That Senators Find a Way to Replace Obamacare

New York Times, July 19, 2017
by Julie Hirschfeld Davis, Thomas Kaplan, and Maggie Haberman

WASHINGTON — President Trump ordered senators back to the negotiating table on Wednesday for a last-ditch effort to repeal and replace the Affordable Care Act, just one day after angrily accepting… Read More

McConnell May Be Leading Conservatives Out On A Limb With Repeal-Only Vote

Kaiser Health News, July 18, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Senate Majority Leader Mitch McConnell (R-Ky.) has admitted his health care legislation has failed, but he is… Read More

Health Care Overhaul Collapses as Two Republican Senators Defect

New York Times, July 17, 2017
by Thomas Kaplan

WASHINGTON — Two more Republican senators declared on Monday night that they would oppose the Senate Republican bill to repeal the Affordable Care Act, killing, for now, a seven-year-old promise… Read More

Trump administration suddenly pulls plug on teen pregnancy programs

Reveal, from the Center for Investigative Reporting, July 14, 2017
by Jane Kay

The Trump administration has quietly axed $213.6 million in teen pregnancy prevention programs and research at more than 80 institutions around the country, including Children’s Hospital of Los Angeles… Read More

Transgender Health Care Targeted In Crusade To Undo ACA

Kaiser Health News, July 13, 2017
by Shefali Luthra

[...] Before the ACA, Medicaid operated under its own anti-discrimination requirements. However, many state programs were vague in describing gender-transition benefits. This made it difficult for… Read More

GOP To Unveil New Version Of Health Bill On Thursday

Kaiser Health News, July 12, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations And the score from the Congressional Budget Office would follow early next week. Read More

There’s No Real Buy-In From Republicans On Bill Making It Tough To Get To 50 Votes

Kaiser Health News, July 12, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The response has been tepid at best on the legislation, and lawmakers are struggling to get something they've… Read More

Your Credit Score Soon Will Get A Buffer From Medical-Debt Wrecks

Kaiser Health News, July 11, 2017
by Michelle Andrews

For many consumers, an unexpected health care calamity can quickly burgeon into a financial calamity. Just over half of all the debt that appears on credit reports is related to medical expenses,… Read More

Drugmakers’ Money-Back Guarantees

ProPublica, July 10, 2017
by Charles Ornstein, ProPublica, and Katie Thomas, New York Times

More than a decade ago, Italy tried a novel approach to help bring down drug costs: asking pharmaceutical companies to return money to the national health system if some of their medicines failed to work… Read More

Politics McConnell says GOP must shore up ACA insurance markets if Senate bill dies

Washington Post, July 6, 2017
by Juliet Eilperin and Amy Goldstein

From the article: Senate Majority Leader Mitch McConnell (R-Ky.) said Thursday that if his party fails to muster 50 votes for its plan to rewrite the Affordable Care Act, it will have no choice but to… Read More

As Seniors Get Sicker, They’re More Likely To Drop Medicare Advantage Plans

National Public Radio, July 5, 2017
by Fred Shulte

When Sol Shipotow enrolled in a new Medicare Advantage health plan earlier this year, he expected to keep the doctor who treats his serious eye condition. "That turned out not to be so," said Shipotow,… Read More

ERISA: A Bipartisan Problem For The ACA And The AHCA

Health Affairs Blog, June 2, 2017
by Abbe R. Gluck, Allison K. Hoffman (Academic Fellow Alumna), and Peter D. Jacobson

From the post: The Supreme Court has once again been called on to mediate the boundaries of a far-reaching, infamously complex, federal employee benefits law. And once again this law may have… Read More

From the Technical to the Personal: Teaching and Learning Health Insurance Regulation and Reform

Saint Louis University Law Journal, Vol. 61, no. 411
by Allison K. Hoffman (Academic Fellow Alumna), Whitney A. Brown, and Lindsay Cutler

From the article: In the Fall of 2016, I taught Health Law and Policy for the fourth consecutive semester. In this repeat loop, one thing has become increasingly clear: the aspect of this survey course… Read More

How a Supreme Court ruling on printer cartridges could have a big impact on drug prices

STAT News, May 30, 2017
by Meghana Keshavan, quoting Rachel Sachs (Academic Fellow Alumna)

From the article: A Supreme Court ruling on international printer cartridge sales could have major implications for, of all things, drug pricing and global health. The case in question involves patents,… Read More

New Issue of the Journal of Law and the Biosciences

Journal of Law and the Biosciences (JLB), Vol. 4, No. 1, April 2017

The Journal of Law and the Biosciences, the open-access journal launched in 2014 by the Petrie-Flom Center and Harvard Law School in partnership with Duke University and Stanford University, has… Read More

FDA User Fee Reauthorization Clears Hurdle In Senate With Bipartisan Support

Health Affairs Blog, May 15, 2017
by Rachel Sachs (Academic Fellow Alumna)

From the article: On Thursday, May 11, the Senate Committee on Health, Education, Labor and Pensions marked up the proposed Food and Drug Administration (FDA) user fee reauthorization bill and… Read More

Angel investors are the first stop in a new era of drug development

Newsworks, May 11, 2017
by Elana Gordon, quoting Rachel Sachs

From the article: So is this really the best way to develop new healthcare technologies and therapies? "So there are pros and there are cons," said Rachel Sachs, a law professor at Washington University in… Read More

The Trump administration could bring down drug prices. But it would take guts

STAT News, May 15, 2017
by Ed Silverman, quoting Rachel Sachs (Academic Fellow Alumna)

From the article: “If Price and [President] Trump are interested in lower-priced drugs, they have access to a tool that enables them to do that,” explained Rachel Sachs, an associate professor… Read More

The White House budget director dropped a hint about how Trump could bring drug prices down

Washington Post, May 12, 2017
by Carolyn Y. Johnson, quoting Rachel Sachs (Academic Fellow Alumna)

From the artcile: Trump has repeatedly said that drug prices are too high but has often suggested that increased bidding would be the best way to bring down prices. It has been unclear how that… Read More

New FDA Chief Scott Gottlieb: Medication Reformer or Big Pharma Shill?

The Fix, May 18, 2017
by Paul Gaita, quoting Rachel Sachs (Academic Fellow Alumna)

From the article: Gottlieb's position has earned cautious approval from medical industry observers like Washington University associate professor Rachel Sachs, who wrote, "As someone who understands… Read More

New York state wants its prescription drug money back—or else

USA Today, May 18, 2017
by Julie Appleby, quoting Rachel Sachs (Academic Fellow Alumna)

From the article: New York’s Medicaid program, for example, has seen its drug spending rise on average 8% each year over the past three years, after taking into account existing rebates. The… Read More

There’s a federal law to lower drug prices—and Louisiana may just use it

Ars Technica, May 4, 2017
by Beth Mole, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: Rachel Sachs, a law professor at Washington University in St Louis, told the KHN that this makes a good argument for summoning 28 U.S.C. § 1498. “The case is strong,”… Read More

Promoting demand-side innovation: prizes for payers

Journal of Law and the Biosciences, May 5, 2017
by Rachel E. Sachs (Academic Fellow Alumna)

From the paper: Promoting Healthcare Innovation on the Demand Side,1 the recent article by Professors Rebecca Eisenberg and Nicholson Price, is a thoughtful, detailed look at an issue that has gone… Read More

Innovative Contracting for Pharmaceuticals and Medicaid’s Best-Price Rule

Journal of Health Politics, Policy and Law, Forthcoming
by Rachel E. Sachs (Academic Fellow Alumna), Nicholas Bagley, and Darius N. Lakdawalla

From the abstract: In recent years, drug manufacturers and private payers have expressed interest in novel pricing models that more closely link a drug’s price to its value. Indication-based pricing,… Read More

Petrie-Flom Welcomes New Executive Director!

Petrie-Flom Center, May 10, 2017

We are thrilled to announce that Carmel Shachar, JD, MPH (HLS ’10, HSPH ’10), will join the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School as our… Read More

Value-Based Pricing For Pharmaceuticals In The Trump Administration

Health Affairs Blog, April 27, 2017
by Rachel E. Sachs (Academic Fellow Alumna), Nicholas Bagley, and Darius Lakdawalla

From the article: Everyone seems to agree: Drug prices are too damn high. Scandalous prices for new drugs and enormous price hikes on old drugs have focused public ire on the pharmaceutical… Read More

As a competitor encroached, Mylan took one state to court to push EpiPen sales, documents

STAT News, April 24, 2017
by Ike Swetlitz, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article:  Three lawyers who reviewed the case at the request of STAT said they could not think of another instance when a pharmaceutical company sued to protect the status of its medication… Read More

Death By 1,000 Cuts: How Republicans Can Still Alter Your Coverage

Kaiser Health News, April 10, 2017
by Jay Hancock, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: “It’s the single-biggest problem facing the exchanges,” said Rachel Sachs, a health law professor at Washington University in St. Louis. “That would make insurers… Read More

Congress and FDA nominee heap love on ‘adaptive trials’

Science, April 7, 2017
by Kelly Servick, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: “‘Adaptive clinical trials’ is one of those buzzwords that get brought up all the time,” says Rachel Sachs, an innovation and health law professor at Washington… Read More

Scott Gottlieb: Conflicts surround Trump’s FDA pick

CNN, April 4, 2017
by Sandee LaMotte, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: Even some industry watchdogs are cautiously optimistic. In a New England Journal of Medicine perspective, Rachel Sachs, a Washington University associate professor of law who studies… Read More

ICER Weekly View 03-31-17

ICER, March 31, 2017
by Mitchell Stein, featuring blog post and NEJM article co-authored by Rachel E. Sachs (Academic Fellow Alumna)

From the review: Democrats’ New Drug Bill Improving Access to Affordable Prescription Drugs Act was introduced this week.  You can read the summary of the bill here.  Rachel Sachs… Read More

Scott Gottlieb’s FDA Commissioner Confirmation Hearing: Remarkably Unremarkable

Health Affairs Blog, April 7, 2017
by Rachel E. Sachs (Academic Fellow Alumna)

From the post: On Wednesday morning, the United States Senate Committee on Health, Energy, Labor, and Pensions conducted the confirmation hearing for Dr. Scott Gottlieb, President Trump’s nominee… Read More

Time is Money: An Empirical Assessment of Non-Economic Damages Arguments

Washington University Law Review, Forthcoming; U Denver Legal Studies Research Paper No. 16-21; Arizona Legal Studies Discussion Paper No. 16-12, March 2, 2017
by John E. Campbell, Bernard Chao, and Christopher T. Robertson (Academic Fellow Alumnus)

From the abstract: Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of 51 U.S. jurisdictions shows wide heterogeneity in whether attorneys… Read More

Maryland Goes a Step Further to Rein in Drug Price Spikes

Regulatory Affairs Professionals Society (RAPS), February 27, 2017
by Zachary Brennan, citing Rachel E. Sachs (Academic Fellow Alumna)

[...] The bill has drawn criticism from industry groups and others who say such independent audits would be overly burdensome for industry and that the $2500 threshold might include too many drugs… Read More

Express Scripts CEO addresses drug pricing ‘misinformation’

St. Louis Post-Dispatch, February 17, 2017
by Samantha Liss, quoting Rachel E. Sachs (Academic Fellow Alumna)

[...] Typically, after dispensing drugs to patients, a drug manufacturer will write Express Scripts a rebate check. That timing can expose some patients, especially those with high deductibles, to the… Read More

Why Did That Drug Price Increase 6,000%? It’s The Law

Forbes, February 10, 2017
by Matthew Herper, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: Marathon is a member of the Pharmaceutical Research and Manufacturers of America (PhRMA), the drug industry trade group. Drug companies cannot use their usual argument of saying this… Read More

Trump’s ‘Two Out, One In’ Regulatory Policy May Apply to Some FDA Guidance

Regulatory Affairs Professionals Society (RAPS), February 6, 2017
by Zachary Brennan, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: As far as what existing regulations if repealed would be considered part of the “two out” part of the EO, OMB notes, “Any existing regulatory action that imposes… Read More

E&C delays vote on drug pricing bill

Politico, February 6, 2017
by Sarah Karlin-Smith, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: On cost: studies have found that it usually takes a handful of generic drugscompeting for market share for prices to drop. “You usually need to get to something like three or four… Read More

Behavioral science suggests that Obamacare may not change as much as Republicans claim

STAT, January 3, 2017
by Christopher R. Robertson (Academic Fellow Alumnus), I. Glenn Cohen (Faculty Director), & Holly Fernandez Lynch (Executive Director)

From the article: In the waning days of his administration, President Obama encouraged Americans to take advantage of the opportunity to get health insurance in what may be the last open enrollment period… Read More

How Donald Trump’s Health Secretary Pick Endangers Women

New York Times, December 28, 2016
by Allison K. Hoffman (Academic Fellow Alumna) and Jill R. Horwitz

LOS ANGELES — With the selection of Representative Tom Price as secretary of health and human services, President-elect Donald J. Trump has taken a giant step toward undermining the health… Read More

Harnessing the U.S. Taxpayer to Fight Cancer and Make Profits

New York Times, December 19, 2016
by Matt Richtel and Andrew Pollack, quoting Rachel E. Sachs (Academic Fellow alumna)

From the article: Rachel Sachs, an associate law professor at Washington University in St. Louis and expert in innovation policy, said the government had every right to seek price concessions. She noted… Read More

Travel Abroad for Low-Cost Care

Kiplinger's Personal Finance, December 6, 2016
by Miriam Cross, quoting I. Glenn Cohen (Faculty Director)

From the article: Why the extra effort to court foreign patients? A couple of reasons, according to Patients With Passports (Oxford University Press), by I. Glenn Cohen: to make money (from the… Read More

Senate committee calls for ban on surgeons conducting simultaneous operations

Boston Globe, December 6, 2016
by Jonathan Salzman and Jenn Abelson

From the article: A powerful Senate committee wants all hospitals to explicitly ban surgeons from overseeing two simultaneous operations, weighing in on a controversy that has roiled Massachusetts General… Read More

Lame duck Congress looks for swift approval of massive medical innovation bill

AJC.com (The Atlanta Journal-Constitution), November 27, 2016
by Jamie Dupree, citing Tweet & Bill of Health post by Rachel E. Sachs (Academic Fellow Alumna)

From the article: (Tweet by Rachel E. Sachs) My 1st thoughts on today's draft of 21st Century Cures: some bad provisions are gone, some remain, & some to watch. http://blogs.harvard.edu/billofhealth/2016/11/25/the-newest-21st-century-cures-draft-moderates-but-doesnt-eliminate-controversy/ … Read More

Regulating Off-Label Promotion — A Critical Test

NEJM, November 2, 2016
by Christopher Robertson, JD, PhD (Academic Fellow Alumnus) and Aaron S. Kesselheim, MD, JD, MPH (Faculty Affiliate)

Petrie-Flom Academic Alumnus Christopher T. Robertson and Faculty Affiliate Aaron S. Kesselheim have coauthored a new Perspective article in NEJM on recent judicial decisions regarding… Read More

ORDER NOW & RECEIVE 30% OFF: Nudging Health

Johns Hopkins University Press, October 2016
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), and Christopher T. Robertson (Academic Fellow alumnus), eds.

Abstract of the Introduction:  This introductory chapter to the edited volume Nudging Health: Health Law and Behavioral Economics (I. Glenn Cohen, Holly Fernandez Lynch, Christopher T. Robertson,… Read More

Drug prices: Where do we go after the Election?

The Conversation US, October 30, 2016
by Rachel E. Sachs (Academic Fellow Alumna)

Martin Shkreli. Valeant Pharmaceuticals. Mylan. These names have become big news, but just a year ago, most Americans devoted little time and attention to the question of pharmaceutical pricing. Now, a… Read More

Student Fellow Alumna Lauren Taylor on the American Health Care Paradox

Center for Bioethics, Harvard Medical School, October 27, 2016

Lauren A. Taylor, MPH, MDiv will discuss her book,  The American Health Care Paradox: Why Spending More is Getting Us Less. Commentator: John E. McDonough, DrPH, MPA, Professor… Read More

PFC Spotlight: Academic Fellow Alumnus Michael Frakes

Petrie-Flom Center, October 21, 2016

Michael Frakes was an Academic Fellow from 2009-2011, during which time he researched deterrence and medical malpractice law, culminating in a publication in the University of Chicago Law Review.… Read More

Is Medical Tourism Ethical?

The Greenwall Foundation, September 2016

Petrie-Flom Faculty Director I. Glenn Cohen served as a Greenwall Foundation Faculty Scholar, Class of 2015. The Greenwall Foundation recently published a profile of Cohen's project,… Read More

EpiPen Maker Quietly Steers Effort That Could Protect Its Price

New York Times, September 16, 2016
by Eric Lipton and Rachel Abrams, quoting Rachel E. Sachs (Academic Fellow Alumnus)

[...] The idea being advanced is simple: If the EpiPen makes the federal preventive list, most Americans would have no insurance co-pay when getting the product. That means they could obtain… Read More

5 reasons why no one has built a better EpiPen

STAT, September 9, 2016
by Meghana Keshavan, quoting W. Nicholson Price II (Academic Fellow Alumnus)

[...] But critics say Mylan has little incentive to improve EpiPens: “If you’re the monopolist, and you’ve got a product that expires every year, and it’s not super easy to… Read More

How Mylan cornered the consumer epinephrine market

MedCityNews, September 8, 2016
by Pauline Bartolone, quoting W. Nicholson Price II (Academic Fellow Alumnus)

[...] The New York state attorney general’s office announced Tuesday it will investigate Mylan to determine whether it introduced “anticompetitive terms” into school contracts.STAT recently… Read More

Euro Drug Pricing’s Tradeoffs May Limit Appeal In US

Law360, September 8, 2016
by Dani Kass, quoting W. Nicholson Price II (Academic Fellow Alumnus)

[...] Going forward, an influx of bills targeting drug prices could be introduced, but few are likely to pass, according to Joshua P. Cohen, a researcher at the Tufts Center for the Study of Drug… Read More

EpiPen’s Dominance Driven By Competitors’ Stumbles And Tragic Deaths

NPR, September 7, 2016
by Pauline Bartolone, quoting W. Nicholson Price II (Academic Fellow alumnus)

NPR recently called on Petrie-Flom Academic Fellow alumnus Nicholson Price to help explain how Mylan's Epi-Pen has come to dominate the market for epinephrine autoinjectors. From the article: … Read More

Missouri law professor: Consider price controls after Epipen controversy

Missourinet, September 5, 2016
by Jason Taylor, quoting Rachel E. Sachs (Academic Fellow Alumna)

A Missouri law professor thinks Congress should consider imposing price controls on certain drugs after the EpiPen controversy. Mylan, the pharmaceutical company that provides the life saving pen… Read More

Mylan’s sudden plans for a generic EpiPen

Modern Healthcare, Vital Signs Blog, August 31, 2016
by Adam Rubenfire, quoting Rachel E. Sachs (Academic Fellow alumna)

From the post: Obviously Mylan didn't want to underprice its own branded drug, but it's possible they had filed away plans for a generic version in case a significant competitor arose. Rachel Sachs,… Read More

Opinion: Please, Boston Nonprofit Hospitals, Can’t You Join Forces Instead Of Competing?

WBUR, August 11, 2016
by Michael Anne Kyle and Lauren Taylor (Student Fellow alumni)

Here in Boston, cooperation between health care providers is a fraught issue. Competition is fierce among local, not-for-profit teaching hospitals, and the idea of collaboration brings to mind collusion,… Read More

The FDA is prohibited from going germline

Science, August 5, 2016
by I. Glenn Cohen (Faculty Director) and Eli Y. Adashi

Petrie-Flom Faculty Director I. Glenn Cohen has co-authored a new article in Science magazine addressing recent legislation preventing the FDA from approving any research "in which a human embryo… Read More

CALL FOR ABSTRACTS: 2017 Petrie-Flom Center Annual Conference
Harvard Law School

Deadline: Due no later than December 2, 2016

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is pleased to announce plans for our 2017 annual conference, entitled: “Transparency in Health and… Read More

Bosses in the Bedroom

In Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper, eds.), forthcoming 2017, Cambridge University Press, Published online July 5, 2016
by Holly Fernandez Lynch (Executive Director) and Gregory Curfman

Abstract: This chapter uses the controversy over mandated contraceptive coverage in employer health plans as a jumping-off point to do two things: (1) evaluate the proper scope of religion in the workplace—not… Read More

Evaluating Offers of Payment to Research Participants

Dana Farber Cancer Institute Ethics Grand Rounds, June 15, 2016
by Holly Fernandez Lynch (Executive Director) & Emily Largent (Student Fellow alumna)

DFCI Ethics Grand Rounds Evaluating Offers of Payment to Research Participants Holly Fernandez Lynch, JD, MBioethics Executive Director, Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics,… Read More

Skeptical Worries for ICU Rationing

American Philosophical Association Newsletter on Philosophy and Medicine, Spring 2016, Vol. 15, No. 2
by Luke Gelinas (Clinical Research Ethics Fellow)

From the article: 1. COMPARATIVE BENEFIT/HARM PRINCIPLES IN ICU RATIONING  In what follows I will raise some skeptical concerns for ICU rationing. My basic claim is that deeply entrenched features… Read More

Review: I Glenn Cohen, Patients with Passports: Medical Tourism, Law, and Ethics, Oxford University

Kennedy Institute of Ethics Journal, May 2016
by Reviewed by Douglas MacKay

From the review:  Glenn Cohen’s Patients with Passports: Medical Tourism, Law, and Ethics offers a thorough examination of the growing practice of medical tourism, the legal regulations… Read More

Scholarship: DIBSS / Dubrovnik International Bioethics Summer School
Global Bioethics Initiative with School of Medicine, University of Zagreb

Deadline: June 10, 2016

Global Bioethics Initiative in partnership with University of Zagreb School of Medicine and Inter-University Centre invites students and professionals worldwide to attend the DIBSS – Dubrovnik… Read More

Contrived Threats v. Uncontrived Warnings

83 University of Chicago Law Review 503, 2016
by Einer Elhauge (Founding Faculty Director)

Abstract: Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements… Read More

Resolving Reverse-Payment Settlements with the Smoking Gun of Stock Price Movements

81 Iowa Law Review 1581, 2016
by Thomas G. McGuire, Keith Drake, Einer Elhauge (Founding Faculty Director), Raymond S. Hartman, Martha Starr

Abstract: The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder’s… Read More

Prizing Insurance: Prescription Drug Insurance as Innovation Incentive,

Harvard Journal of Law and Technology, Vol. 30, No. 1 (forthcoming)
by Rachel E. Sachs

Abstract:  A problem perennially facing scholars of both intellectual property and health law is the need to incentivize appropriately the development of new pharmaceuticals. Although physicians have… Read More

Promoting Healthcare Innovation on the Demand Side

U of Michigan Law & Econ Research Paper No. 16-008; U of Michigan Public Law Research Paper No. 503
by Rebecca Eisenberg and W. Nicholson Price II (Academic Fellow Alumnus)

Abstract: Innovation policy often focuses on the incentives of firms that sell new products. But optimal use of healthcare products also requires good information about the likely effects of products in… Read More

J-PAL Health Care Delivery Innovation Competition
MIT

Deadline: June 17, 2016

The J-PAL Health Care Delivery Innovation Competition will support visionary health care leaders in rigorously evaluating programs that deploy health and social services to improve health outcomes and… Read More

Christians Find Their Own Way to Replace Obamacare

U.S. News & World Report, February 23, 2016
by By Kimberly Leonard, quoting Rachel Sachs (Academic Fellow)

From the article:  [...] Rachel Sachs, academic fellow at the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School, says some academics are concerned that the… Read More

Scalia’s death shakes contraception mandate, other high-profile court cases

Washington Times, February 15, 2016
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Legal analysts it’s not unusual to have different legal treatment from one area to the next. “States do things differently all the time,” said Holly Lynch, a bioethics analyst at… Read More

Does it break the law to charge a lot for a cure?

The Incidental Economist Blog, January 28, 2016
by Nicolas Bagley, quoting Rachel E. Sachs (Academic Fellow)

From the article: [...] Talk about sending the wrong signals about what sorts of drugs we value most. As Rachel Sachs wrote in an email: In my view, Sovaldi is a drug that shouldn’t exist… Read More

Health Law, Policy, and Bioethics: Cross-Registration Opportunity for Harvard Students
Harvard Medical School

Deadline: January 15, 2016

Cross-registration is available for "Health Law, Policy, and Bioethics," a new course being offered as part of the HMS Master’s program in bioethics. A course description is provided below. Interested… Read More

How to Decrease Prices for an Expensive Class of Drugs

The New York Times, November 16, 2015
by Austin Frakt, quoting W. Nicholson Price II (Academic Fellow Alumnus)

Excerpt from the article: [...] As the law professors W. Nicholson Price and Arti Rai put it, “If an aspirin were a bicycle, a small biologic would be a Toyota Prius, and a large biologic would… Read More

Innovations in Health Law and Policy: Regulatory Challenges and Strategies for Change Conference

UNH School of Law, October 26, 2015
by W. Nicholson Price II (Academic Fellow Alumnus)

Innovations in Health Law and Policy: Regulatory Challenges and Strategies for Change When: Monday, October 26, 2015 Where: UNH School of Law 2 White Street Concord, New Hampshire Presented by the Health… Read More

How Prescription Drugs Get So Wildly Expensive

WIRED, September 23, 2015
by Nick Stockton, quoting Rachel E. Sachs (Academic Fellow)

From the article: [...] With all that in mind, here’s the important question: Is Shkreli an industry outlier, or was he just unlucky enough to be found out? “There’s one aspect… Read More

Senate GOP bill protects opponents of Obama birth-control rules

Washington Times, August 4, 2015
by Tom Howell Jr., quoting Holly F. Lynch (Executive Director)

From the article:  Holly Lynch, a bioethics expert at Harvard Law School who closely tracks the debate, said the new bill didn’t balance its focus on rights of conscience with a women’s… Read More

With The ACA Secure, It’s Time To Focus On Social Determinants

Health Affairs Blog, July 21, 2015
by Lauren Taylor (Student Fellow alumna) and Elizabeth Bradley

From the article:  While Medicaid expansion remains a dream for Americans in many states, the integrity of both the state and federal marketplaces for insurance remained intact following the June… Read More

Happy about the Supreme Court’s ACA decision? Thank a law professor

The Conversation, June 26, 2015
by Rachel Sachs (Academic Fellow)

From the post:  The core of the Affordable Care Act (ACA) has now survived its second trip to the Supreme Court. Chief Justice John Roberts wrote for the majority in King v Burwell, holding that… Read More

Supreme Court Decision in King v. Burwell (2015)

by Supreme Court of the United States

Read the Supreme Court's 2015 decision upholding the Constitutionality of federal insurance exchanges under the Affordable Care Act. Read More

Cost Effectiveness Analysis and Fairness

Journal of Practical Ethics, Vol. 3, Nr. 1, June 2015
by Francis M. Kamm (Senior Fellow Alumna)

Abstract:       This article considers some different views of fairness and whether they conflict with the use of a version of Cost Effectiveness Analysis (CEA) that calls… Read More

Procedural Triage

Fordham Law Review, Vol. 84, 2015, Forthcoming
by Matthew J. B. Lawrence (Academic Fellow)

Academic Fellow Matthew J. B. Lawrence has a new article forthcoming in 2015 regarding the use of procedural triage in addressing the administrative crisis faced by Medicare. … Read More

Insurer Uses Personal Data To Predict Who Will Get Sick

National Public Radio (NPR), June 8, 2015
by Todd Bookman, quoting I. Glenn Cohen (Faculty Director)

From the article: [...] Carol, who is sitting next to her husband, explains that John's stroke came in the middle of a bad run of health. First, he [Crockett] developed an ulcer, she says.… Read More

Innovation Law and Policy

U. C. Davis Law Review, Forthcoming 2016
by Rachel E. Sachs

Academic Fellow Rachel E. Sachs has a new article forthcoming in 2016 on law and the future of personalized medicine. From the article: Personalized medicine is the future of health care, and as such incentives… Read More

NOW ONLINE: I. Glenn Cohen Discusses Modern Fertility Technologies and Benefits

Chronicle (WCVB/ABC Boston), April 13, 2015
by Shayna Seymour, interviewing I. Glenn Cohen (Faculty Director)

Show Abstract: The birds and the bees are still important – but today's couples eager to start a family can also rely on Big Data to get them to parenthood. Tonight Shayna Seymour discovers… Read More

Are trade secrets delaying biosimilars?

Science, April 10, 2015
by W. Nicholson Price II (Academic Fellow Alumnus) and Arti K. Rai

Petrie-Flom Academic Fellow alumnus Nicholson Price, now an Assistant Professor at the University of New Hampshire School of Law, has recently published an article in Science on the cost and… Read More

Supreme Court Will Likely Uphold Affordable Care Act, Law Profs Say

Harvard Crimson, March 9, 2015
by Andrew M. Duehren, quoting Einer Elhauge (Faculty Director)

Last week’s oral arguments in King v. Burwell suggest that the United States Supreme Court will uphold the Affordable Care Act, according to several Harvard Law School. The case calls into question… Read More

Opening shots fired in Obamacare Supreme Court battle

The Washington Times, March 3, 2015
by Tom Howell Jr., quoting Matthew Lawrence (Academic Fellow)

From the article: Congressman Paul Ryan and other influential Republicans sketched out plans Tuesday for how they'd deal with a Supreme Court ruling that cancels Obamacare's subsidies in many of… Read More

Call for Papers: Health Law Scholars Workshop 2015
The Center for Health Law Studies, Saint Louis University School of Law

Deadline: April 13, 2015

The Health Law Scholars Workshop is a collegial forum in which faculty new to health law and bioethics scholarship present works-in-progress and receive in-depth advice from experienced scholars and teachers… Read More

Third Annual Health Law Year in P/Review collaborative blogging with Health Affairs

Petrie-Flom, February 5, 2015

The Third Annual Health Law Year in P/Review was a big success!  Video will be posted on our website shortly, but our presenters will be posting on their respective topics in a collaborative blog… Read More

Republicans release Obamacare Plan B in case of repeal or court ruling

Washington Times, February 4, 2015
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] Matthew Lawrence, who teaches a seminar on Obamacare at Harvard Law School , said the administration’s silence is unsurprising for several reasons. Any planning  may be in its… Read More

Hatch op-ed being used to defend Obamacare in Supreme Court case

Washington Times, January 29, 2015
by Tom Howell Jr.

[...] In cases like these, it is fairly common for interested parties to “use whatever they can to flavor their arguments in the briefs,” said I. Glenn Cohen, a health law expert at Harvard… Read More

Innovator in Residence
Department of Health and Human Services

Deadline: April 01, 2015

A rapidly growing public health startup, ORGANIZE, is seeking to hire a forward-thinking, entrepreneurial individual to serve a two-year appointment of Innovator In Residence (IIR) at the Department of… Read More

Interview with Faculty Director I. Glenn Cohen about “Patients with Passports”

Jefferson Public Radio (Oregon), January 5, 2015
by Geoffrey Riley and Charlotte Duren

If your doctor won't recommend a medical procedure you want, you can go to another doctor.  But would you travel to another country for the procedure?  And how about if your insurance required… Read More

Traveling Overseas for Medical Care

WOSU (NPR), December 10, 2014
by All Sides with Ann Fisher, interviewing I. Glenn Cohen (Faculty Director)

From the WOSU: All-inclusive vacations might feature a stay in a luxury hotel, gourmet meals, and in some cases, a hip replacement. Companies that specialize in medical tourism help patients in the… Read More

Law Professor Discusses Medical Tourism

Harvard Crimson, November 20, 2014
by Katherine H. Scott, quoting I. Glenn Cohen (Faculty Director)

When most people hear the word “tourism,” they immediately think of flocking to the sandy beaches of the Caribbean or exploring museums in a European city. For Harvard Law School graduate I.… Read More

Call for Proposals: Improving Quality & Professionalism of Clinical Ethics Education & Consultation
The Bioethics Program, Union Graduate College

Deadline: November 17, 2014

May 20 - 22, 2015 New York City Why is ICCEC 2015 important? Clinical ethics consultation arose around fifty years ago as a separate voluntary activity on the part of what came to be called “hospital… Read More

Practice Associate
Medicaid Accountable Care Organization Demonstration Project, Camden Coalition of Healthcare Providers

Deadline: December 01, 2014

Overview The Camden Coalition of Healthcare Providers is a 501c3 that is engaged in a three year Medicaid Accountable Care Organization Demonstration Project. Through the ACO, the Coalition is working… Read More

Health Policy & Administration Assistant Professor
Department of Health Sciences, DePaul University

Deadline: November 15, 2014

A tenure-track assistant professor position is available in the Department of Health Sciences at DePaul University starting September 2015. The successful candidate will be broadly trained in health policy… Read More

HLS Students: Join the American Health Lawyers’ Association

Petrie-Flom Center, September 4, 2014

The Petrie Flom Center and Harvard Law School are proud members of the American Health Lawyers' Association (AHLA) School Alliance program. This program offers a host of benefits, including: Electronic… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

D.C. appeals panel deals big blow to Obamacare subsidies

Washington Times, July 22, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] To redress the potentially fatal blow to its signature law, the administration will likely seek an “en banc” hearing on the case by all the judges in the D.C. Circuit. That… Read More

Using Big Data To Transform Care

Health Affairs, July 9, 2014, 9:00am - 12:30pm
by Featuring I. Glenn Cohen (Faculty Director)

The application of big data to transform health care delivery, health research, and health policy is underway, and its potential is limitless.  The July 2014 issue of Health Affairs, "Using Big Data… Read More

Some Insurance Companies Ask Their Customers to Cross the Border for Care

New Republic, July 7, 2014
by Adam Teicholz and I. Glenn Cohen (Faculty Director) and

Faculty Director I. Glenn Cohen has co-authored a new piece in New Republic on the practice adopted by some insurance companies of sending clients across the border for less expensive care. From… Read More

Supreme Court Decision in Burwell v. Hobby Lobby

by Supreme Court of the United States

Read the Supreme Court's decision in favor of the right of the owners of "closely-held for-profit corporations" to refuse to provide insurance coverage for contraception and contraceptive devices… Read More

Many states avoiding paying for glitchy health care sites

Washington Times, April 15, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Co-Director)

“I think these will be handled as is most government contracting: threats of litigation or excluding the contractors, followed by real negotiations and agreements,” said I. Glenn Cohen, a health… Read More

The Presumption Against Expensive Health Care Consumption

Tulsa Law Review, Vol. 49, Forthcoming, 2014
by Christopher T. Robertson (Affiliate Faculty)

This essay, as part of a symposium in honor of Professor Einer Elhauge, starts with his recognition that, for both epistemic and normative reasons, it remains profoundly difficult to regulate particular… Read More

EdX Course:

EdX, Course began April 7, 2014
by John E. McDonough, DrPH, MPA

This online course provides a basic and thorough understanding of the U.S. health care system focusing on access, quality of care, and costs. Read More

Few will use Obamacare hardship exemption, analysts say

Washington Times, March 23, 2014
by Jacqueline Klimas, quoting Matthew J. B. Lawrence (Academic Fellow)

[...] “When you have a very vague term like this exemption 14, the devil could be in the details on how it is implemented,” Mr. Lawrence said. “But that is one place where a different… Read More

Was the Medicaid Expansion Coercive?

Routledge, 2014
by I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

In The Affordable Care Act Decision: Philosophical and Legal Implications, Fritz Allhoff and Mark Hall, eds. In this book chapter on the ACA decision, NFIB v. Sebelius, I focus on the Court's… Read More

Indian medicine, coming soon to an island near you

BMJ, February 25, 2014
by Suzy Frisch, quoting I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

[...] NH will open a hospital in the Cayman Islands in February in partnership with Ascension Health, the largest non-profit provider in the US. Shetty and David Pryor, president and CEO of Ascension Clinical… Read More

Patient Protection and Affordable Care Act

111th Congress, Office of the Legislative Counsel for the use of the House of Representatives

This is a link to the full text of the Patient Protection and Affordable Care Act. Read More

National Federation of Independent Business et al. v. Sebelius

Supreme Court of the United States

This is a link to the Supreme Court’s decision holding as constitutional the individual mandate provision of the Affordable Care Act, and holding the Medicaid expansion provision to be unconstitutionally… Read More

Evaluating Offers of Payment to Research Participants

Dana Farber Cancer Institute Grand Rounds, June 15, 2016
by Holly Fernandez Lynch (Executive Director) and Emily Largent (Student Fellow alumna)

DFCI Ethics Grand Rounds Evaluating Offers of Payment to Research Participants Holly Fernandez Lynch, JD, MBioethics Executive Director, Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics,… Read More

The Health Care Law & You

U.S. Department of Health and Human Services

This is a link to the U.S. Department of Health and Human Services’ detailed overview of the Act highlighting how it affects consumers. Read More

Summary of the Affordable Care Act

Henry J. Kaiser Family Foundation

This summary of the law focuses on provisions to expand coverage, control health care costs, and improve the health care delivery system. Read More

Universal Coverage in Developing Country Health Systems: Ethical Dilemmas

April 18, 2015 - April 19, 2013
Conferences
2012-2013
The New Research Building, Harvard Medical School
77 Avenue Louis Pasteur, Boston, MA 02115

Read More

Obamacare on Trial

by Einer Elhauge

This short book analyzes the Obamacare case -- focusing on many points the Supreme Court was never told about -- including the fact that the constitutional framers themselves had approved mandates to buy… Read More

Congressional Record S13890

U.S. Government Printing Office, December 24, 2009

Excerpt from the transcript: The VICE PRESIDENT. Under the previous order, the Senate will resume consideration of H.R. 3590 which the clerk will report. The legislative clerk read as follows: A bill (H.R.… Read More

Congressional Record S13714

U.S. Government Printing Office, December 22, 2009

Excerpt from the transcript: The ACTING PRESIDENT pro tempore. Under the previous order, the Senate will resume consideration of H.R. 3590, which the clerk will report. The legislative clerk read as follows:… Read More

H.R. 3962, “Affordable Health Care for America Act,” CBO Analysis - Revised

Congressional Budget Office, November 20, 2009

November 20, 2009  Honorable John D. Dingell U.S. House of Representatives Washington, DC 20515 Dear Congressman:  The Congressional Budget Office has revised its estimate of the net budgetary… Read More

H.R. 3590, “Patient Protection and Affordable Care Act,” CBO Analysis

Congressional Budget Office, November 18, 2009

November 18, 2009  Honorable Harry Reid Majority Leader United States Senate Washington, DC 20510  Dear Mr. Leader:  The Congressional Budget Office (CBO) and the staff of the Joint Committee… Read More

H.R. 3962, “Affordable Health Care for America Act,” CBO Analysis

Congressional Budget Office, November 4, 2009

November 4, 2009 Honorable John A. Boehner Republican Leader U.S. House of Representatives Washington, DC 20515 Dear Mr. Leader: The Congressional Budget Office (CBO) and the staff of the Joint Committee… Read More