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

Walmart Will Implement New Opioid Prescription Limits By End Of Summer

NPR, May 8, 2018
by Vanessa Romo

Walmart announced Monday it is introducing new restrictions on how it will fill opioid medication prescriptions in all of its in-store and Sam's Club pharmacies. It is the company's latest… Read More

How A Drug Company Under Pressure For High Prices Ratchets Up Political Activity

Kaiser Health News, April 30, 2018
by Jay Hancock and Elizabeth Lucas

Business looked challenging for Novo Nordisk at the end of 2016. As pressure mounted over the pharma giant’s soaring insulin prices, investors drove its stock down by a third on fears that policymakers… Read More

F.D.A. Cracks Down on Sales of E-Cigarettes to Minors

New York Times, April 24, 2018
by Kate Zernike and Sheila Kaplan

The Food and Drug Administration announced on Tuesday that it was cracking down on the sales of e-cigarettes to minors, especially the popular vaping Juul brand, and said it had issued warning… Read More

News That Amazon Is Shelving Plans To Sell Drugs To Hospitals Sends Distributors’ Stock Soaring

Kaiser Health News, April 17, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations “This is not necessarily an all-clear event for the supply chain,” said Eric Coldwell, an analyst… Read More

Administration Relaxes Essential Benefits Regulations, Creates New Mandate Exemptions

Kaiser Health News, April 10, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Overall, the Trump administration's rules addressing the standards for insurers planning to participate… Read More

Why Did Novartis Spend $9 Billion On Gene Therapy?

Forbes, April 9, 2018
by Matthew Herper

[...] “We're in a journey to focus Novartis as a medicines company powered by data and digital,” chief executive Vas Narasimhan said on a conference call explaining the deal to analysts.… Read More

The Disappearing Doctor

New York Times, April 7, 2018
by Reed Abelson and Julie Creswell

[...] The new deals involving major corporations loom over doctors’ livelihoods, intensifying pressure on small practices and pushing them closer to extinction. The latest involves Walmart and… Read More

With Premiums Likely To Spike Just Before Midterms, Lawmakers Are Bracing For Blame Game Battle

Kaiser Health News, March 26, 2018

KHN Morning Briefing: Summaries of health policy coverage from major news organizations Language on abortion threw a wrench in both sides' plans to add money to stabilize the marketplace into… Read More

Birth Control Apps Find A Big Market In ‘Contraception Deserts’

NPR, March 26, 2018
by Lesley McClurg and Ashley Lopez

[...] Women using these services in cities say they like the speed and no-hassle privacy they get by making a purchase through the app. And in some rural areas where women's health clinics are few… Read More

Congress Races The Clock In Quest To Bring Stability To Individual Insurance Market

Kaiser Health News, March 2, 2018
by Julie Rovner

[...] The lawmakers are up against not just the legislative clock, but also the insurance companies’ timeline. Insurers have until summer to decide if they want to continue to sell policies… Read More

Blue Cross Insurer May Reduce Obamacare Rates In Five States

Forbes, March 2, 2018
by Bruce Japsen

One of the nation’s largest operators of Blue Cross and Blue Shield health insurance plans said it made more than $1 billion last year, which bodes well for purchasers of its individual coverage… Read More

Big Pharma, Big Data

New York Times, March 1, 2018
by Reuters

LONDON — Drugmakers are racing to scoop up patient health records and strike deals with technology companies as big data analytics start to unlock a trove of information about how medicines perform… Read More

Urgent Care Industry Hits $18 Billion As Big Players Drive Growth

Forbes, February 23, 2018
by Bruce Japsen

[...] By any measure, urgent care is becoming an increasingly popular form of healthcare delivery with even more players expected to enter the business. Urgent care is similar to retail health clinics… Read More

ObamaCare enrollment tells tale of two systems

The Hill, February 8, 2018
by Jessie Hellman

Most states that operate their own ObamaCare exchanges saw more people sign up in 2018 than last year, while 29 of the 34 states that rely on the federal government to promote enrollment saw their sign-ups… 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