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

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

Emergency rooms are monopolies. Patients pay the price.

Vox, December 4, 2017
by Sarah Kliff

[...] There are 141 million visits to the emergency room each year, and nearly all of them (including Saifan’s) have a charge for something called a facility fee. This is the price of walking… 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