State AGs Ask For Emergency Court Order To Keep Trump From Cutting Off Insurer Subsidies

Kaiser Health News, October 19, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations "It's long past time President Donald Trump learn that he doesn't get to pick and choose which laws… Read More

Cutting Off Insurer Payments Increases Number Of People Who Get Help Through Other Subsidies

Kaiser Health News, October 19, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Stopping insurer subsidies is like pushing down on one end of a see-saw only to see the other end go up because… Read More

Justice Department reveals charges against Chinese fentanyl distributors

Washington Post, October 17, 2017
by Matt Zapotosky and Sari Horwitz

U.S. prosecutors have charged two Chinese nationals who sold fentanyl to American customers over the Internet in a massive international conspiracy case, the Justice Department announced Tuesday. The case… Read More

It’s Not Likely Court Will Order Administration To Pay Subsidies

Kaiser Health News, October 16, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Nearly 20 states have sued over President Donald Trump's decision to stop the insurer subsidies. But, “Forcing… Read More

Trump’s Move To End Insurer Subsidies May Force Congress To Act After Months Of Stagnation

Kaiser Health News, October 16, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Uncertainty over the payments to insurers has loomed over Congress for months, and senators have been trying… Read More

Trump’s Order Advances GOP Go-To Ideas To Broaden Insurance Choices, Curb Costs

Kaiser Health News, October 12, 2017
by Julie Appleby

The Trump administration Thursday advanced a wide-ranging executive order aimed at expanding lower-cost insurance options, allowing employers to give workers money to buy their own coverage and slowing… Read More

In New Test for Obamacare, Iowa Seeks to Abandon Marketplace

New York Times, October 10, 2017
by Abby Goodnough

WASHINGTON — With efforts to repeal the Affordable Care Act dead in Congress for now, a critical test for the law’s future is playing out in one small, conservative-leaning state. Iowa is anxiously… Read More

Trump’s Cuts to Health Law Enrollment Efforts Are Hitting Hard

New York Times, October 9, 2017
by Robert Pear

WASHINGTON — Michigan Consumers for Health Care, a nonprofit group, has enrolled thousands of people in health insurance under the Affordable Care Act and was honored last year as one of the nation’s… Read More

Hurricane Damage in Puerto Rico Leads to Fears of Drug Shortages Nationwide

New York Times, October 4, 2017
by Katie Thomas and Sheila Kaplan

Federal officials and major drugmakers are scrambling to prevent national shortages of critical drugs for treating cancer, diabetes and heart disease, as well as medical devices and supplies, that are… Read More

With Health Care At Pivotal Crossroads, HHS Pick Could Signal What Path Trump Wants To Take

Kaiser Health News, October 2, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Some of the names getting attention are Centers for Medicare & Medicaid Services chief Seema Verma, Fla.… Read More

Now What? 5 Looming Challenges For The Affordable Care Act

NPR, September 26, 2017
by Julie Rovner

Republicans officially pulled the plug on their last-ditch effort to repeal and replace the Affordable Care Act on Tuesday. "We don't have the votes," said Sen. Bill Cassidy, R-La., after a closed-door… Read More

Lawmakers ‘On The Verge’ Of Striking Bipartisan Deal To Stabilize Marketplaces, Schumer Vows

Kaiser Health News, September 29, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.), the chairman and ranking member of the Health, Education,… Read More

Here’s how the Trump administration is hurting enrollment in Obamacare

Washington Post, September 28, 2017
by Philip Bump

At its heart, the Affordable Care Act — Obamacare — is about figuring out how to pay to provide more people with insurance coverage. Before the policy was enacted, insurers balked at covering… Read More

Sunday Hours: Obamacare Website To Be Shut Down For Portion of Most Weekends

Kaiser Health News, September 22, 2017
by Phil Galewitz

The Trump administration plans to shut down the federal health insurance exchange for 12 hours during all but one Sunday in the upcoming open enrollment season. The shutdown will occur from 12 a.m. to… Read More

For GOP, Political Incentive Is ‘As Much Of A Reason As The Substance’ To Pass Repeal Bill

Kaiser Health News, September 21, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The driving force behind this last-ditch attempt for many lawmakers it the simple fact that they promised their… Read More

Majority Of States Would Lose ‘Jaw-Dropping’ Amounts Of Funding Under Graham-Cassidy Bill

Kaiser Health News, September 21, 2017

KHN Morning Briefing Summaries of health policy coverage from major news organizations A new study by Avalere Health finds that red states would disproportionately benefit, while 34 states would be hit… Read More

Insurance Industry Comes Out Against Graham-Cassidy Trumpcare Bill

Forbes, September 20, 2017
by Bruce Japsen

The nation’s Blue Cross Blue Shield plans and the powerful insurance lobby America's Health Insurance Plans on Wednesday joined mounting opposition from health-care providers, patient advocates… Read More

41 States To Investigate Pharmaceutical Companies Over Opioids

NPR, September 19, 2017
by Yuki Noguchi

The attorneys general of 41 U.S. states said Tuesday that they're banding together to investigate the makers and distributors of powerful opioid painkillers that have, over the past decade, led to… Read More

Attorneys General in 37 States Urge Insurance Industry to Do More to Curb Opioid Epidemic

ProPublica, September 18, 2017
by Charles Ornstein

ttorneys general for 37 states sent a letter Monday to the health insurance industry’s main trade group, urging its members to reconsider coverage policies that may be fueling the opioid… Read More

As Federal Government Cuts Obamacare Ads, Private Insurer Steps Up

NPR, September 18, 2017
by Alison Kodjak

Open enrollment for Affordable Care Act insurance doesn't start for another six weeks. But the quirky insurance startup Oscar Health is launching an ad campaign Monday aimed at getting young… Read More

GOP Says It’s Close On Graham-Cassidy Bill, But Those Last Votes Have Always Been A Struggle

Kaiser Health News, September 18, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations The measure from Sens. Bill Cassidy (R-La.) and Lindsey Graham (R-S.C.) is the party's last-ditch effort… Read More

​Anthem Reverses Course, Will Sell Plans On Individual Marketplace In Virginia

Kaiser Health News, September 18, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations So far efforts to keep any county from being "bare" under the law have been successful. Meanwhile, Affordable… Read More

How Big Business Got Brazil Hooked on Junk Food

New York Times, September 16, 2017
by Andrew Jacobs and Matt Richtel; Photographs by William Daniels

[...] Nestlé’s direct-sales army in Brazil is part of a broader transformation of the food system that is delivering Western-style processed food and sugary drinks to the most isolated… Read More

The race for a Zika vaccine slows, a setback for efforts to head off future outbreaks

STAT, September 13, 2017
by Helen Branswell

The development of a type of Zika vaccine that authorities had hoped to usher to the market has proven more challenging than some scientists and pharmaceutical companies had expected, people involved in… Read More

Democrats Worry Compromising For Short-Term Wins Will Lead To Long-Term Evisceration Of Law

Kaiser Health News, September 11, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Democratic lawmakers want the insurer subsidies to be paid. But to get that, they have to give up on something… Read More

A Tone Shift On Capitol Hill As Lawmakers Try To Come Up With Bipartisan Health Solution

Kaiser Health News, September 6, 2017

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Republicans are now in the position to have to work with Democrats so make sure the marketplace doesn't… 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 & Responsibilities The Research Associate works directly with Professor Michael Porter as one of his principal, full-time research associates. The role will focus almost exclusively on… 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