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

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

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

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

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

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

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

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

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

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

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