Google Bets $375M On Medicare Advantage With Oscar Health Stake

Forbes, August 14, 2018
by Bruce Japsen

News from Oscar Health that Google-parent Alphabet plans to invest $375 million into the health insurer is the latest big bet on the privatization of Medicare. Oscar said Alphabet plans to invest… Read More

A Congressman, a Financial Deal and an Intricate Web of Conflicts

New York Times, August 11, 2018
by Katie Thomas and Sheila Kaplan

[...] While the other congressmen who invested in Innate were not implicated in the indictment, the allegations against Mr. Collins have revived calls for stricter rules about financial investments… Read More

As Catholic Hospitals Expand, So Do Limits on Some Procedures

New York Times, August 10, 2018
by Katie Hafner

[...] One in six hospital patients in the United States is now treated in a Catholic facility, according to the Catholic Health Association, a membership organization that includes 90 percent… Read More

In China, Vaccine Scandal Infuriates Parents and Tests Government

New York Times, July 23, 2018
by Javier C. Hernandez

BEIJING — Chinese parents were in an uproar on Monday after reports that hundreds of thousands of children might have been injected with faulty vaccines, the latest scandal to hit the nation’s troubled… Read More

Share of U.S. Employees Offered Health Care Through Work Rises

Wall Street Journal, July 20, 2018
by Eric Morath

This story is behind a paywall. Harvard affiliates can access the full text via Hollis. For the first time in six years, the share of U.S. workers offered health insurance through their employer has… Read More

Louisiana’s New Approach To Treating Hepatitis C

NPR, July 19, 2018
by Alison Kodjak

Louisiana is working with Gilead Sciences and other companies on a deal that would change how the state pays for expensive hepatitis C drugs, with the goal of eliminating the disease in that state. Read More

With a new ‘working group,’ HHS opens door to possibility of importing some drugs

STAT, July 19, 2018
by Erin Mershon

WASHINGTON — The Trump administration is opening up the door to importing prescription drugs — at least in a limited number of cases. The administration will form a working group to look at… Read More

Potential DNA damage from CRISPR has been ‘seriously underestimated,’ study finds

STAT, July 16, 2018
by Sharon Begley

From the earliest days of the CRISPR-Cas9 era, scientists have known that the first step in how it edits genomes — snipping DNA — creates an unholy mess: Cellular repairmen frantically… Read More

Bucking Trump, Health Insurers Expand Obamacare Footprints

Forbes, July 12, 2018
by Bruce Japsen

Undaunted by the latest attacks on Obamacare – both verbal and financial from the Trump administration – health insurance companies are forging ahead with expansion plans in the business of… Read More

Startups Look to Mainstream Medical Tourism

Bloomberg Businessweek, July 12, 2018
by Ari Altstedter

About 14 million people spent $68 billion on medical tourism in 2016, according to consulting firm PwC. A growing number are Westerners headed to developing countries for cosmetic surgery or dental work,… Read More

​Administration Freezes Program That Pays Billions To Insurers

Kaiser Health News, July 9, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Trump administration officials said they decided to suspend payments under the program because of a ruling in… Read More

U.S. Opposition to Breast-Feeding Resolution Stuns World Health Officials

New York Times, July 8, 2018
by Andrew Jacobs

A resolution to encourage breast-feeding was expected to be approved quickly and easily by the hundreds of government delegates who gathered this spring in Geneva for the United Nations-affiliated World… Read More

When Health Insurance Prices Rose Last Year, Around a Million Americans Dropped Coverage

New York Times, July 3, 2018
by Margot Sanger-Katz

Last year, as insurance prices rose by an average of just over 20 percent around the country, people who qualified for Obamacare subsidies hung onto their insurance. But the increases appear to have been… Read More

Big Business Coalitions To Form National Value-Based Payment Network

Forbes
by Bruce Japsen

Big purchasers of healthcare and a company working with Medicare to move away from fee-for-service medicine say they are collaborating to get U.S. employers to adopt bundled payments, a… Read More

Atul Gawande Says U.S. Health System Is ‘Very Expensive Pile Of Junk.’

Kaiser Health News, June 21, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The health world has been closely watching to see who Amazon, Berkshire Hathaway and JPMorgan Chase would choose… Read More

More Good News For CVS-Aetna With AMA Quiet On Deal

Forbes, June 14, 2018
by Bruce Japsen

It’s been a good week for CVS Health and Aetna with a judge clearing the AT&T-Time Warner merger and now the nation’s largest doctor group staying quiet on the drugstore chain’s… Read More

Uninsured Rate Remains Basically Flat Despite Republicans’ Attempts To Chip Away At Health Law

Kaiser Health News, May 22, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The numbers from the government survey suggest a surprising resilience of the health law and its expansion of… Read More

Is This Hospital Takeover Permitted? Ask the Catholic Church

Wall Street Journal, May 14, 2018
by Melanie Evans

This article is behind a paywall. Harvard affiliates can access the full text via Hollis. It isn't just the Federal Trade Commission scrutinizing U.S. health-care mergers these days. The Vatican… Read More

Tip of the Iceberg II

11 NYU Journal of Law & Liberty 770, January 12, 2018
by Christopher T. Robertson (Academic Fellow Alumnus) and Victor Laurien

Abstract In recent years, the Food and Drug Administration’s pre-market approval process has come under increasing scrutiny as an infringement on liberty and a regulation of speech. In the first… 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

Research Associate - Healthcare
Harvard Business School

Deadline: Open until filled.

Duties & ResponsibilitiesThe Research Associate works directly with Professor Michael Porter as one of his principal, full-time research associates. The role will focus almost exclusively on Professor… Read More

Lawmakers urge US Army not to issue exclusive license to Sanofi for a Zika vaccine

Stat, February 22, 2017
by Ed Silverman, quoting Rachel E. Sachs (Academic Fellow Alumna)

This article is behind a paywall. 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

The GMO Labeling Fight Is Not Industry Versus Consumers

Forbes, August 26, 2016
by Steve Ansolabahere and Jacob E. Gersen (Director, Food Law Lab)

From the article: In late July, President Obama signed a bill requiring some form of labeling of foods containing genetically engineered materials. The measure preempts state laws, like Vermont’s,… Read More

Vaccines and Airline Travel:

42 American Journal of Law and Medicine 543, (2016)
by Christopher T. Robertson (Academic Fellow Alumnus)

Abstract: This Article explores two ways in which airline travel is an important vector for the spread of infectious disease, and argues that airlines have market-based and liability-based reasons… 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

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

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

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

Robust Exclusion and Market Division Through Loyalty Discounts

Harvard Public Law Working Paper No. 14-12, April 2, 2015
by By Einer Elhauge (Founding Faculty Director) and Abe Wickelgren

Founding Faculty Director Einer Elhauge has coauthored an article Abe Wickelgren on loyalty discounts, which are often used in pharmaceutical and medical device markets. The article was awarded Best… Read More

Founding Faculty Director Einer Elhauge Cited in SCOTUS Decision

Petrie-Flom, February 25, 2015

On February 25, 2015, the Supreme Court handed down a decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. The majority opinion, handed down by Justice Kennedy,… Read More

Academic Fellow Rachel Sachs Guest Lecturing in Reading Group at Harvard Law School

Petrie-Flom Center, January 22, 2015

Petrie-Flom Academic Fellow Rachel E. Sachs will be a regular guest lecturer in a reading group at Harvard Law School, co-taught by with Professors Terry Fisher and Mark Wu in Spring 2015,… 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

FDA Regulation of Mobile Health Technologies

NEJM, July 24, 2014
by Nathan G. Cortez, J.D., I. Glenn Cohen, J.D., and Aaron S. Kesselheim, M.D., J.D., M.P.H.

Petrie-Flom Faculty Director I. Glenn Cohen has published a new co-authored article in the New England Journal of Medicine on FDA regulation of new mobile health technologies. From the article: Medicine… Read More

California Counties Sue 5 Narcotics Makers

Here & Now, NPR, May 22, 2014
by Robin Young interviewing I. Glenn Cohen (Faculty Director)

Two counties in California — Orange and Santa Clara — are suing five major drug companies, accusing them of causing the growing prescription drug epidemic across the country. The complaint,… Read More

Call for Abstracts: Emerging Issues and New Frontiers for FDA Regulation
Washington, DC

Deadline: June 03, 2014

      The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School and the Food and Drug Law Institute are pleased to announce an upcoming collaborative… 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

Do Fixed Patent Terms Distort Innovation?

Public Health Law & Policy e-Journal 5, no. 64, December 4, 2013
by Eric B. Budish, Benjamin N. Roin, and Heidi Williams

Abstract: Patents award innovators a fixed period of market exclusivity, e.g., 20 years in the United States. Yet, since in many industries firms file patents at the time of discovery ("invention")… Read More

Video Now Available: Symposium Honoring Founding Faculty Director Einer Elhauge

Tulsa Law Review, October 4, 2013

On Friday, October 4, the Tulsa Law Review hosted a symposium titled "Health Law Policy: Legal Issues in the Evolving Healthcare Market" honoring the work of Petrie-Flom Center Founding… Read More

Anonymity, the Production of Goods, and Institutional Design

Fordham Law Review, Forthcoming
by Jeffrey Skopek

Abstract: In this article, I demonstrate that anonymity has been misconceived as an aspect of privacy, and that understanding this mistake reveals a powerful and underutilized set of legal tools for facilitating… Read More