Health Law Policy

  • Read more: Inter-Loper: Loper Bright and Judicial Intrusion on Agency Prerogatives

    Inter-Loper: Loper Bright and Judicial Intrusion on Agency Prerogatives

    By Nathan Cortez If you wanted quick medical advice, you’d ask your friend with an MD or BSN. Not a JD. Likewise, if you wanted to know how to regulate nitrogen oxide under the Clean Air Act, you’d probably trust the scientists at Environmental Protection Agency (EPA) over the judges on a court that referred…

  • Read more: Petrie-Flom Center Open House: Health Law, Biotechnology, and the Future

    Petrie-Flom Center Open House: Health Law, Biotechnology, and the Future

    Recording

    Are you interested in health law and health policy topics? You’re invited to the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics’ 2024 Open House.  The Petrie-Flom Center is an interdisciplinary research program at Harvard Law School dedicated to scholarly research at the intersection of law and health policy. For our 20th anniversary year we are focused…

  • Read more: Supreme Court Preview: Key Health Law Issues for the 2024 Term

    Supreme Court Preview: Key Health Law Issues for the 2024 Term

    This post launches a new Digital Symposium: Supreme Court Preview: Key Health Law Issues for the 2024 Term, guest edited by Cary Franklin, Professor of Law, McDonald/Wright Chair of Law, and Faculty Director of the Center on Reproductive Health, Law, and Policy and the Williams Institute at UCLA Law; and Lindsay F. Wiley, Professor of…

  • Read more: Petrie-Flom Welcomes 2024-2025 Student Fellows

    Petrie-Flom Welcomes 2024-2025 Student Fellows

    We are delighted to welcome a new group of Student Fellows to the Petrie-Flom Center family: Spencer Andrews, Zain Khalid, Abeer Malik, Rebekah Ninan, Rupa Palanki, and Jessica Samuels. These six students are a fantastic cohort of scholars who join us from Harvard Law School and Harvard Medical School. Each will undertake a year-long research project…

  • Read more: Love and Liberalism in Surrogate Decision-Making

    Love and Liberalism in Surrogate Decision-Making

    By James Toomey If you are supposed to make a legally binding decision on behalf of someone incapacitated by dementia, chances are the law will tell you to apply the “substituted judgment” standard—you will be asked to make the decision the person for whom you are deciding would have made, if they had capacity. But…

  • Read more: Capacity and Medical Decision-Making in First- and Third-Person Perspectives

    Capacity and Medical Decision-Making in First- and Third-Person Perspectives

    By James Toomey Imagine that you were to develop dementia and someone else had to make medical decisions on your behalf. How would you want them to decide? Then suppose that you had to make medical decisions on behalf of another person with dementia. Would you think about decision-making in the same way? A new…

  • Read more: Pursuing an Interstate Medical Telemedicine Registration Compact

    Pursuing an Interstate Medical Telemedicine Registration Compact

    By Tara Sklar Because I believe strongly in the benefits of telehealth, I have obtained licenses in six states through the Interstate Medical Licensure Compact. Doing this took months, cost thousands of dollars, and still leaves me unable to care virtually for patients in 43 states. The process is so cumbersome that less than 1%…

  • Read more: The Life-Changing Benefits of Lifting State Licensure Restrictions for Telemedicine

    The Life-Changing Benefits of Lifting State Licensure Restrictions for Telemedicine

    By Shannon M. MacDonald “M” was diagnosed with a rare skull-based cancer.  A one-in-a-million diagnosis, he was given little information about his diagnosis and told he must seek care outside his home state.  “M” worked full time, was the primary caretaker for two young kids, and could not fathom how he could travel to another…

  • Read more: Advancing Access to Health Care Through Federal Medical Licensure Reciprocity for Clinical Trials

    Advancing Access to Health Care Through Federal Medical Licensure Reciprocity for Clinical Trials

    By Helen Hughes and Mark Sulkowski As physicians who have dedicated our careers to clinical research and to the advancement of telemedicine respectively, we’ve witnessed first-hand the transformative power of technology in health care. However, despite our progress over the last four years, there remains a glaring barrier to the potential of telehealth in the…

  • Read more: Advancing Healthcare Equity: Federal Licensure Reciprocity for Physicians Caring for Transplant Patients and Donors

    Advancing Healthcare Equity: Federal Licensure Reciprocity for Physicians Caring for Transplant Patients and Donors

    By Rebecca Canino, Anne R. Links, and Fawaz Al Ammary In the face of a growing organ donation crisis in the United States, characterized by a decline in donors and a surge in transplant waitlists, it has become increasingly clear that existing regulatory barriers impede access to critical transplant services. One solution lies in dismantling…