Tax Bill Is Likely to Undo Health Insurance Mandate, Republicans Say

New York Times, December 6, 2017
by Robert Pear and Thomas Kaplan

WASHINGTON — House and Senate negotiators thrashing out differences over a major tax bill are likely to eliminate the insurance coverage mandate at the heart of the Affordable Care Act, lawmakers… Read More

UnitedHealth to Buy Physician Gp. in Latest Move Promising to Shake Up Traditional Health Landscape

Kaiser Health News, December 7, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Following on the heels of the announcement of the proposed CVS-Aetna merger, the deal is the latest to show… Read More

Pace Of U.S. Health Spending Slows In 2016

Kaiser Health News, December 6, 2017
by Phil Galewitz

U.S. health spending rose to $3.3 trillion in 2016, but the pace slowed compared to the previous two years as demand for drugs, hospital care and physician services weakened, according to a federal… Read More

Individual Mandate Repeal Included In Senate Tax Bill Despite Dire Warnings About Market Instability

Kaiser Health News, December 4, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The House -- which did not include repeal of the individual mandate -- and the Senate still need to reconcile… Read More

If CVS’s $69B Deal To Buy Aetna Holds Up To Federal Scrutiny

Kaiser Health News, December 4, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Together, the companies touch most of the basic health services that people regularly use, and the merger could… Read More

States Sound Warning That Kids’ Health Insurance Is At Risk

NPR, November 30, 2017
by Selena Simmons-Duffin and Ashley Lopez, KUT

This week, Colorado became the first state to notify families that children who receive health insurance through the Children's Health Insurance Program are in danger of losing their coverage.… Read More

Republican Tax Bill Proves Congress Wasn’t Done With Health Policy

Kaiser Health News, December 1, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The GOP tax plan includes a range of health-related provisions -- key among them is language that would eliminate… Read More

Texas parents wait in limbo as policymakers struggle to save Children’s Health Insurance Program

TexasTribune, November 30, 2017
by Matthew Choi and Claire Allbright

It’s been two months since inaction in Congress put health insurance for more than 400,000 Texas children in jeopardy, and for people like Raquel Cruz, the uncertainty is taking a toll.… Read More

Health Insurers Are Still Skimping On Mental Health Coverage

NPR, November 30, 2017
by Jenny Gold

It has been nearly a decade since Congress passed the Mental Health Parity And Addiction Equity Act, with its promise to make mental health and substance abuse treatment just as easy to get as care… Read More

Colorado Warns Residents Congress Is About to Let Children’s Health Insurance Funding Run Out

Slate, November 27, 2017
by Ben Mathis Lilley

Colorado has notified residents that the federally funded Children's Health Insurance Program will shut down in early 2018 if Congress doesn't act to renew funding that expired on Sept. 30; the… Read More

Marketplace Would Be Fundamentally Rocked With Repeal Of Individual Mandate

Kaiser Health News, November 16, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Media outlets offer a look at what would happen to the Affordable Care Act exchanges if lawmakers include repeal… Read More

For Millions of Insured Americans, State Health Laws Don’t Apply

Kaiser Health News, November 16, 2017
by Emily Bazar

Let’s say you have health insurance through your employer and live in one of 21 states with laws protecting consumers against surprise medical bills from out-of-network providers. Should… Read More

This Tennessee insurer doesn’t play by Obamacare’s rules — and the GOP sees it as the future

STAT, November 13, 2017
by Erin Mershon

[...] Some 25,400 people in Tennessee have the kind of plan Yates was trying to get — what the company calls a “traditional” health plan. It’s an apt description — this style… Read More

In Course Reversal, Notre Dame To Continue Offering Employees Free Birth Control

Kaiser Health News, November 8, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Following the Trump administration's decision to allow employers and universities to cite religious or moral… Read More

CHIP Bill Passes House, But Partisan Strife Over Funding Likely To Cause Headaches In Senate

Kaiser Health News, November 6, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations To pay for the Children's Health Insurance Program, the House bill would charge higher premiums to wealthier… Read More

Contraceptive Coverage and the Balance Between Conscience and Access

JAMA, October 19, 2017
by Ronit Y. Stahl and Holly Fernandez Lynch (Former Executive Director, Academic Fellow Alumna)

From the article: When the Obama administration included contraception in the essential benefits package to be covered by employer-sponsored health insurance plans under the Affordable Care Act, it sought… 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

The Sean Pendergast Show with Dr. Glenn Cohen, Harvard Law Professor

The TJ Show, AMP Radio 103.3 FM, May 28, 2017
by Interviewing I. Glenn Cohen (Faculty Director)

Harvard Law Professor [I. Glenn Cohen (Faculty Director)] joins Sean to discuss a study he and a Harvard group did on player safety in the NFL, how the game can be made more safe, and the future of… 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

Promoting healthcare innovation on the demand side

Journal of Law and the Biosciences, January 16, 2017 (online first)
by W. Nicholson Price II (Academic Fellow Alumnus) and Rebecca S. Eisenberg

Abstract: Innovation policy often focuses on fortifying the incentives of firms that develop and sell new products by offering them lucrative rights to exclude competitors from the market. Regulators also… 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

What’s Confusing Us About Mental Health Parity

HealthAffairs Blog, December 22, 2016
by Nathaniel Counts (Student Fellow alumnus), Timothy Clement, Amanda Mauri, Paul Gionfriddo, and Garry Carneal

The Mental Health Parity and Addiction Equity Act (MHPAEA) has been law since 2008. MHPAEA provided that health plans could not limit mental health or substance use disorder benefits in a way… Read More

PFC Spotlight: Student Fellow Alumnus Alexander Boni-Saenz

by Petrie-Flom Center

Alexander Boni-Saenz was a Student Fellow during the 2006-2007 academic year, while in his second year at Harvard Law School. For his Fellowship project, he researched long-term care insurance… 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

Religion, Medicine, and Law: Can Current Conflicts Be Healed?

Center for Bioethics, Harvard Medical School, November 3, 2016, 4:30 - 6pm

2016 George W. Gay Lecture Religion, Medicine, and Law: Can Current Conflicts Be Healed? Martha Minow Morgan and Helen Chu Dean and Professor of Law at Harvard Law School   Thursday, November 3, 2016,… 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

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

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

Big Data Neglects Populations Most in Need of Medical and Public Health Research and Interventions

Arizona Legal Studies Discussion Paper, No. 16-26, August 18, 2016
by Sarah E. Malanga, Jonathan D. Loe, Christopher T. Robertson (Academic Fellow alumnus), and Kenneth S. Ramos

Originally presented as a paper at the 2016 Petrie-Flom Center Annual Conference: Big Data, Health Law, and Bioethics. Check out the event website to watch video of this and other presentations! Abstract:… 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

Health Insurance as Innovation Incentive

Jotwell, June 9, 2016
by Amy Monahan, reviewing paper by Rachel E. Sachs (Academic Fellow)

Excerpt from the article: In Prizing Insurance: Prescription Drug Insurance as Innovation Incentive, Rachel Sachs brings together the often disparate worlds of intellectual property theory and health insurance… 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

The Relationship Between Bioethics and U.S. Health Law

In The Oxford Handbook of U.S. Healthcare Law, I. Glenn Cohen, Allison K. Hoffman, and William M. Sage, eds., July 2016 (online), January 2017 (print)
by I. Glenn Cohen (Faculty Director)

Abstract: This chapter explores the way bioethics is taught as part of U.S. health law. It begins with an overview of changes in several major textbooks in the field that cover bioethics and the law,… 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

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

Health Insurance Portability and Accountability Act of 1996

104th Congress

Full text of the Health Insurance Portability and Accountability Act (HIPAA), the key federal law governing data privacy and security of medical information. 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

Academic Fellow Rachel E. Sachs to Join Faculty at Washington University School of Law

Petrie-Flom Center, February 17, 2016

We are pleased to announce that Petrie-Flom Center Academic Fellow Rachel E. Sachs has been appointed an Associate Professor at the Washington University in St. Louis School of Law.  At Washington… 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

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

Predicting the sick through personal trails of health data

News Works, April 14, 2015
by Todd Bookman, quoting I. Glenn Cohen (Faculty Director)

[...] "I think there is a lot of interest in the area right now, and it is a great coming together of the healthcare world and the computer science world, as well as the patient experience world," says… 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

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

Medical Tourism, Access to Health Care, and Global Justice

Health Law & Human Rights, Vol. 1, Issue 1, 2015
by I. Glenn Cohen (Faculty Director)

Abstract: Medical tourism – the travel of patients from one (the “home”) country to another (the “destination”) country for medical treatment – represents a growing… 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

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

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

No faith in health reform

Crain's: New York Business, November 23, 2014
by Caroline Lewis, quoting I. Glenn Cohen (Faculty Director)

[...] Under the health-care-sharing ministry model, before coverage kicks in, a household pays a monthly fee that "is matched with another's eligible medical bills," according to Christian Care Ministry's… 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

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

After Hobby Lobby, ACA exceptions may become the rule

Reuters, July 15, 2014
by Interview with Holly Fernandez Lynch (Executive Director)

Holly Fernandez Lynch analyzes the impact of the Supreme Court's recent decision, saying the Religious Freedom Restoration Act (RFRA), passed by Congress, will shape the impact as much as the court… 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

When Religious Freedom Clashes with Access to Care

NEJM, July 2, 2014
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), Gregory Curfman

At the tail end of this year's Supreme Court term, religious freedom came into sharp conflict with the government's interest in providing affordable access to health care. In a consolidated opinion… Read More

Hobby Lobby stunner

Washington Times, June 30, 2014
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Holly Lynch, a health and ethics expert at Harvard Law School, said she was “not surprised in the least that contraceptives in particular were not covered directly in the ACA.” “It… 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

Accountability in the ACO Structure

Risk & Insurance, April 2014
by Katie Siegel

[...] As physician employers, ACOs “will need professional liability coverage for the errors of its professional care providers,” said Derek Jones, a principal and consulting actuary at Milliman.… Read More

Welcome 2014-2016 Academic Fellow Rachel Sachs!

Petrie-Flom Center, April 17, 2014

The Petrie-Flom Center is pleased to announce the new 2014-2016 Academic Fellow, Rachel Sachs. Rachel earned her J.D. in 2013 magna cum laude from Harvard Law School, where she was… 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

States seek wiggle room on Obamacare deadline

Washington Times, March 19, 2014
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] “The deadline is March 31,” a Health and Human Services Department spokeswoman said. But Matthew Lawrence, a fellow at Harvard Law School, said it’s no surprise the administration is… 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

Too good to be true?

NBC News, February 3, 2014
by Zac Bissonnette, quoting I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

[...] The ministries are not regulated for solvency, said I. Glenn Cohen, a professor at Harvard Law School and co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics.… Read More

H.R. Hearing on Challenges and Solutions to Health Insurance Coverage for Small Businesses

U.S. House of Representatives, Committee on Small Business, March 14, 2007

FULL COMMITTEE HEARING ON  CHALLENGES AND SOLUTIONS TO HEALTH INSURANCE COVERAGE FOR SMALL BUSINESSES COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS… Read More