Health Plans For State Employees Use Medicare’s Hammer On Hospital Bills

NPR, March 20, 2019
by Julie Appleby

States. They're just as perplexed as the rest of us over the ever-rising cost of health care premiums. Now some states –including Montana, North Carolina and Oregon — are moving… Read More

Mental Health Treatment Denied to Customers by Giant Insurer’s Policies, Judge Rules

New York Times, March 5, 2019
by Reed Abelson

In a scathing decision released Tuesday, a federal judge in Northern California ruled that a unit of UnitedHealth Group, the giant health insurer, had created internal policies aimed at effectively discriminating… Read More

Big Doctor Group Supports Medicare And Medicaid ‘Buy Ins’

Forbes, February 28, 2019
by Bruce Japsen

The nation’s largest primary care doctor group supports Medicare and Medicaid expansions that include a ‘buy in’ for those looking to gain health coverage under the age of 65. The American… Read More

“Mom, When They Look at Me, They See Dollar Signs”

Mother Jones, March/April 2019 issue
by Julia Lurie

[...] The addiction community has a name for what happened to Brianne. It’s called the “Florida shuffle,” a cycle wherein recovering users are wooed aggressively by rehabs and freelance… Read More

Pharmaceutical Company CEOs Face Grilling In Senate Over High Drug Prices

NPR, February 26, 2019
by Alison Kodjak

The leaders of seven drug industry giants were forced to defend their industry's prices and business practices on Capitol Hill on Tuesday, as lawmakers criticized them for failing to put patients before… Read More

UnitedHealth Loses Case to the Health Venture Begun by Amazon, Berkshire-Hathaway and JPMorgan Chase

New York Times, February 22, 2019
by Reed Abelson

UnitedHealth Group, the giant health insurance company, on Friday lost its case to prevent a former executive from working at the new health care venture formed by three powerful corporations, Amazon,… Read More

Court allows House Democrats to join Obamacare’s defense

Politico, February 14, 2019
by Alice Miranda Ollstein

A federal appeals court is allowing House Democrats to defend Obamacare in a lawsuit threatening the future of the health care law. The 5th Circuit Court of Appeals today granted the House’s petition… Read More

Health plans don’t want patients on opioids.

Politico, February 12, 2019
by Paul Demko

The national effort to curb the opioid crisis faces another big potential obstacle — insurers who won’t pay for less-addictive ways to control patients’ pain. Patients seeking other pain… Read More

Blue Cross Plans Launch Food Delivery To Address Social Determinants

Forbes, February 12, 2019
by Bruce Japsen

One of the nation’s largest Blue Cross Blue Shield companies is expanding food delivery to 40 zip codes considered "food deserts" in Chicago and Dallas through a new service as health insurers… Read More

American Travelers Seek Cheaper Prescription Drugs In Mexico And Beyond

NPR, February 11, 2019
by Bram Sable-Smith

[...] The U.S. government estimates that close to 1 million people in California alone cross to Mexico annually for health care, including to buy prescription drugs. And between 150,000 and 320,000… Read More

Trump birth control coverage rules blocked nationwide

AP, January 14, 2019
by Marc Levy

HARRISBURG, Pa. (AP) — A federal judge on Monday put a nationwide hold on Trump administration rules that allow more employers to opt out of providing women with no-cost birth control. U.S. District… Read More

Prescription Drug Costs Driven By Manufacturer Price Hikes, Not Innovation

NPR, January 7, 2019
by Alison Kodjak

The skyrocketing cost of many prescription drugs in the U.S. can be blamed primarily on price increases, not expensive new therapies or improvements in existing medications as drug companies frequently… Read More

Health as a Human Right, Medicare for All, and the Evolution of the American Health Care Debate

Take Care Blog, December 11, 2018
by By Carmel Shachar (Executive Director), Alex Pearlman (Communications Manager) and I. Glenn Cohen (Faculty Director)

From the article: The United States famously does not have an explicit federal constitutional right to health. By contract, the “enjoyment of the highest attainable standard of health”… Read More

AVAILABLE FOR PRE-ORDER! Transparency in Health and Health Care in the United States

Cambridge University Press, Forthcoming June 2019
by Holly Fernandez Lynch, I. Glenn Cohen, Carmel Shachar, and Barbara J. Evans (eds.)

This edited volume stems from the Petrie-Flom Center’s 2017 annual conference, which brought together leading experts to reach better understandings of this health policy buzzword, recognizing… Read More

Drug Pricing Policy

Health Affairs Blog, August 14, 2018
by Rachel E. Sachs (Academic Fellow Alumna)

From the post:  Last Tuesday, the Centers for Medicare and Medicaid Services (CMS) took its latest action in the area of drug pricing. CMS gave Medicare Advantage (MA) plans the ability… Read More

The Trump admin has another pretty good, pretty modest plan to lower drug costs

Vox, August 13, 2018
by Dylan Scott, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: “My concern is that once again, the administration’s rhetoric is out of step with its actual policy moves,” Sachs said. “The administration is promoting this move… Read More

Here’s what’s behind the ads accusing Bob Hugin of ‘killing off cancer patients’

northjersey.com, August 7, 2018
by Herb Jackson, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: "They're resorting to tactics the FDA criticized. Under the guise of patient safety, this is really about preserving a monopoly position," said law professor Rachel Sachs, who teaches at… Read More

Delinking Reimbursement

Minnesota Law Review, Vol. 102, Issue 6 (July 2018)
by Rachel Sachs (Academic Fellow Alumna)

Introduction: Recently, scholars and policymakers on both sides of the aisle have become interested in the legal and regulatory structures surrounding pharmaceutical approval and reimbursement in this… Read More

Health Insurance’s Secondary Cost Problem

Harvard Law & Policy Review, Forthcoming
by Matthew J.B. Lawrence (Academic Fellow Alumnus)

From the abstract: This Article identifies a fundamental problem with health insurance and, so, contemporary American health care. While competition pushes health insurers to minimize the primary costs… Read More

The Trump administration just made another big move to reshape the healthcare system

Business Insider, February 20, 2018
by Bob Bryan, quoting Rachel E. Sachs (Academic Fellow Alumna)

From the article: "Short-term insurance plans will cherry pick healthy people, leaving ACA-compliant plans to cover a sicker pool with higher premiums," Levitt tweeted. "With the expansion in short-term… Read More

Contraceptive Coverage and the Balance Between Conscience and Access

JAMA, October 19, 2017
by Ronit Y. Stahl and Holly Fernandez Lynch (Former Executive Director, Academic Fellow Alumna)

From the article: When the Obama administration included contraception in the essential benefits package to be covered by employer-sponsored health insurance plans under the Affordable Care Act, it sought… Read More

Academic Fellow Alum Matthew J. B. Lawrence Joins Faculty at Dickinson Law (Penn State)

Dickinson Law, Penn State University, August 1, 2017

Matthew J.B. Lawrence has joined the faculty of Penn State’s Dickinson Law as assistant professor of law. An expert in the fields of health law and administrative law, Lawrence will teach Health… Read More

The Sean Pendergast Show with Dr. Glenn Cohen, Harvard Law Professor

The TJ Show, AMP Radio 103.3 FM, May 28, 2017
by Interviewing I. Glenn Cohen (Faculty Director)

Harvard Law Professor [I. Glenn Cohen (Faculty Director)] joins Sean to discuss a study he and a Harvard group did on player safety in the NFL, how the game can be made more safe, and the future of… Read More

Express Scripts CEO addresses drug pricing ‘misinformation’

St. Louis Post-Dispatch, February 17, 2017
by Samantha Liss, quoting Rachel E. Sachs (Academic Fellow Alumna)

[...] Typically, after dispensing drugs to patients, a drug manufacturer will write Express Scripts a rebate check. That timing can expose some patients, especially those with high deductibles, to the… Read More

Promoting healthcare innovation on the demand side

Journal of Law and the Biosciences, January 16, 2017 (online first)
by W. Nicholson Price II (Academic Fellow Alumnus) and Rebecca S. Eisenberg

Abstract: Innovation policy often focuses on fortifying the incentives of firms that develop and sell new products by offering them lucrative rights to exclude competitors from the market. Regulators also… Read More

How Donald Trump’s Health Secretary Pick Endangers Women

New York Times, December 28, 2016
by Allison K. Hoffman (Academic Fellow Alumna) and Jill R. Horwitz

LOS ANGELES — With the selection of Representative Tom Price as secretary of health and human services, President-elect Donald J. Trump has taken a giant step toward undermining the health… Read More

What’s Confusing Us About Mental Health Parity

HealthAffairs Blog, December 22, 2016
by Nathaniel Counts (Student Fellow alumnus), Timothy Clement, Amanda Mauri, Paul Gionfriddo, and Garry Carneal

The Mental Health Parity and Addiction Equity Act (MHPAEA) has been law since 2008. MHPAEA provided that health plans could not limit mental health or substance use disorder benefits in a way… Read More

PFC Spotlight: Student Fellow Alumnus Alexander Boni-Saenz

by Petrie-Flom Center

Alexander Boni-Saenz was a Student Fellow during the 2006-2007 academic year, while in his second year at Harvard Law School. For his Fellowship project, he researched long-term care insurance… Read More

Travel Abroad for Low-Cost Care

Kiplinger's Personal Finance, December 6, 2016
by Miriam Cross, quoting I. Glenn Cohen (Faculty Director)

From the article: Why the extra effort to court foreign patients? A couple of reasons, according to Patients With Passports (Oxford University Press), by I. Glenn Cohen: to make money (from the… Read More

Religion, Medicine, and Law: Can Current Conflicts Be Healed?

Center for Bioethics, Harvard Medical School, November 3, 2016, 4:30 - 6pm

2016 George W. Gay Lecture Religion, Medicine, and Law: Can Current Conflicts Be Healed?Martha MinowMorgan and Helen Chu Dean and Professor of Law at Harvard Law School   Thursday, November 3, 2016,… Read More

RECEIVE 30% OFF! Nudging Health

Johns Hopkins University Press, October 2016
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), and Christopher T. Robertson (Academic Fellow alumnus), eds.

Abstract of the Introduction:  This introductory chapter to the edited volume Nudging Health: Health Law and Behavioral Economics (I. Glenn Cohen, Holly Fernandez Lynch, Christopher T. Robertson,… Read More

Student Fellow Alumna Lauren Taylor on the American Health Care Paradox

Center for Bioethics, Harvard Medical School, October 27, 2016

Lauren A. Taylor, MPH, MDiv will discuss her book,  The American Health Care Paradox: Why Spending More is Getting Us Less. Commentator: John E. McDonough, DrPH, MPA, Professor… Read More

PFC Spotlight: Academic Fellow Alumnus Michael Frakes

Petrie-Flom Center, October 21, 2016

Michael Frakes was an Academic Fellow from 2009-2011, during which time he researched deterrence and medical malpractice law, culminating in a publication in the University of Chicago Law Review.… Read More

Is Medical Tourism Ethical?

The Greenwall Foundation, September 2016

Petrie-Flom Faculty Director I. Glenn Cohen served as a Greenwall Foundation Faculty Scholar, Class of 2015. The Greenwall Foundation recently published a profile of Cohen's project,… 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

Big Data Neglects Populations Most in Need of Medical and Public Health Research and Interventions

Arizona Legal Studies Discussion Paper, No. 16-26, August 18, 2016
by Sarah E. Malanga, Jonathan D. Loe, Christopher T. Robertson (Academic Fellow alumnus), and Kenneth S. Ramos

Originally presented as a paper at the 2016 Petrie-Flom Center Annual Conference: Big Data, Health Law, and Bioethics. Check out the event website to watch video of this and other presentations! Abstract:… Read More

Bosses in the Bedroom

In Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper, eds.), forthcoming 2017, Cambridge University Press, Published online July 5, 2016
by Holly Fernandez Lynch (Executive Director) and Gregory Curfman

Abstract: This chapter uses the controversy over mandated contraceptive coverage in employer health plans as a jumping-off point to do two things: (1) evaluate the proper scope of religion in the workplace—not… Read More

Health Insurance as Innovation Incentive

Jotwell, June 9, 2016
by Amy Monahan, reviewing paper by Rachel E. Sachs (Academic Fellow)

Excerpt from the article: In Prizing Insurance: Prescription Drug Insurance as Innovation Incentive, Rachel Sachs brings together the often disparate worlds of intellectual property theory and health insurance… Read More

Review: I Glenn Cohen, Patients with Passports: Medical Tourism, Law, and Ethics, Oxford University

Kennedy Institute of Ethics Journal, May 2016
by Reviewed by Douglas MacKay

From the review:  Glenn Cohen’s Patients with Passports: Medical Tourism, Law, and Ethics offers a thorough examination of the growing practice of medical tourism, the legal regulations… Read More

The Relationship Between Bioethics and U.S. Health Law

In The Oxford Handbook of U.S. Healthcare Law, I. Glenn Cohen, Allison K. Hoffman, and William M. Sage, eds., July 2016 (online), January 2017 (print)
by I. Glenn Cohen (Faculty Director)

Abstract: This chapter explores the way bioethics is taught as part of U.S. health law. It begins with an overview of changes in several major textbooks in the field that cover bioethics and the law,… Read More

Contrived Threats v. Uncontrived Warnings

83 University of Chicago Law Review 503, 2016
by Einer Elhauge (Founding Faculty Director)

Abstract: Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements… Read More

Prizing Insurance: Prescription Drug Insurance as Innovation Incentive,

Harvard Journal of Law and Technology, Vol. 30, No. 1 (forthcoming)
by Rachel E. Sachs

Abstract:  A problem perennially facing scholars of both intellectual property and health law is the need to incentivize appropriately the development of new pharmaceuticals. Although physicians have… 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

Health Insurance Portability and Accountability Act of 1996

104th Congress

Full text of the Health Insurance Portability and Accountability Act (HIPAA), the key federal law governing data privacy and security of medical information. Read More

Christians Find Their Own Way to Replace Obamacare

U.S. News & World Report, February 23, 2016
by By Kimberly Leonard, quoting Rachel Sachs (Academic Fellow)

From the article:  [...] Rachel Sachs, academic fellow at the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School, says some academics are concerned that the… Read More

Academic Fellow Rachel E. Sachs to Join Faculty at Washington University School of Law

Petrie-Flom Center, February 17, 2016

We are pleased to announce that Petrie-Flom Center Academic Fellow Rachel E. Sachs has been appointed an Associate Professor at the Washington University in St. Louis School of Law.  At Washington… Read More

Scalia’s death shakes contraception mandate, other high-profile court cases

Washington Times, February 15, 2016
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Legal analysts it’s not unusual to have different legal treatment from one area to the next. “States do things differently all the time,” said Holly Lynch, a bioethics analyst at… Read More

Supreme Court Decision in King v. Burwell (2015)

by Supreme Court of the United States

Read the Supreme Court's 2015 decision upholding the Constitutionality of federal insurance exchanges under the Affordable Care Act. Read More

Predicting the sick through personal trails of health data

News Works, April 14, 2015
by Todd Bookman, quoting I. Glenn Cohen (Faculty Director)

[...] "I think there is a lot of interest in the area right now, and it is a great coming together of the healthcare world and the computer science world, as well as the patient experience world," says… Read More

NOW ONLINE: I. Glenn Cohen Discusses Modern Fertility Technologies and Benefits

Chronicle (WCVB/ABC Boston), April 13, 2015
by Shayna Seymour, interviewing I. Glenn Cohen (Faculty Director)

Show Abstract: The birds and the bees are still important – but today's couples eager to start a family can also rely on Big Data to get them to parenthood. Tonight Shayna Seymour discovers… Read More

Opening shots fired in Obamacare Supreme Court battle

The Washington Times, March 3, 2015
by Tom Howell Jr., quoting Matthew Lawrence (Academic Fellow)

From the article: Congressman Paul Ryan and other influential Republicans sketched out plans Tuesday for how they'd deal with a Supreme Court ruling that cancels Obamacare's subsidies in many of… Read More

Medical Tourism, Access to Health Care, and Global Justice

Health Law & Human Rights, Vol. 1, Issue 1, 2015
by I. Glenn Cohen (Faculty Director)

Abstract: Medical tourism – the travel of patients from one (the “home”) country to another (the “destination”) country for medical treatment – represents a growing… Read More

Third Annual Health Law Year in P/Review collaborative blogging with Health Affairs

Petrie-Flom, February 5, 2015

The Third Annual Health Law Year in P/Review was a big success!  Video will be posted on our website shortly, but our presenters will be posting on their respective topics in a collaborative blog… Read More

Hatch op-ed being used to defend Obamacare in Supreme Court case

Washington Times, January 29, 2015
by Tom Howell Jr.

[...] In cases like these, it is fairly common for interested parties to “use whatever they can to flavor their arguments in the briefs,” said I. Glenn Cohen, a health law expert at Harvard… Read More

Interview with Faculty Director I. Glenn Cohen about “Patients with Passports”

Jefferson Public Radio (Oregon), January 5, 2015
by Geoffrey Riley and Charlotte Duren

If your doctor won't recommend a medical procedure you want, you can go to another doctor.  But would you travel to another country for the procedure?  And how about if your insurance required… 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

Law Professor Discusses Medical Tourism

Harvard Crimson, November 20, 2014
by Katherine H. Scott, quoting I. Glenn Cohen (Faculty Director)

When most people hear the word “tourism,” they immediately think of flocking to the sandy beaches of the Caribbean or exploring museums in a European city. For Harvard Law School graduate I.… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

D.C. appeals panel deals big blow to Obamacare subsidies

Washington Times, July 22, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] To redress the potentially fatal blow to its signature law, the administration will likely seek an “en banc” hearing on the case by all the judges in the D.C. Circuit. That… Read More

After Hobby Lobby, ACA exceptions may become the rule

Reuters, July 15, 2014
by Interview with Holly Fernandez Lynch (Executive Director)

Holly Fernandez Lynch analyzes the impact of the Supreme Court's recent decision, saying the Religious Freedom Restoration Act (RFRA), passed by Congress, will shape the impact as much as the court… Read More

Some Insurance Companies Ask Their Customers to Cross the Border for Care

New Republic, July 7, 2014
by Adam Teicholz and I. Glenn Cohen (Faculty Director) and

Faculty Director I. Glenn Cohen has co-authored a new piece in New Republic on the practice adopted by some insurance companies of sending clients across the border for less expensive care. From… Read More

When Religious Freedom Clashes with Access to Care

NEJM, July 2, 2014
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), Gregory Curfman

At the tail end of this year's Supreme Court term, religious freedom came into sharp conflict with the government's interest in providing affordable access to health care. In a consolidated opinion… Read More

Hobby Lobby stunner

Washington Times, June 30, 2014
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Holly Lynch, a health and ethics expert at Harvard Law School, said she was “not surprised in the least that contraceptives in particular were not covered directly in the ACA.” “It… Read More

Supreme Court Decision in Burwell v. Hobby Lobby

by Supreme Court of the United States

Read the Supreme Court's decision in favor of the right of the owners of "closely-held for-profit corporations" to refuse to provide insurance coverage for contraception and contraceptive devices… Read More

Accountability in the ACO Structure

Risk & Insurance, April 2014
by Katie Siegel

[...] As physician employers, ACOs “will need professional liability coverage for the errors of its professional care providers,” said Derek Jones, a principal and consulting actuary at Milliman.… Read More

Welcome 2014-2016 Academic Fellow Rachel Sachs!

Petrie-Flom Center, April 17, 2014

The Petrie-Flom Center is pleased to announce the new 2014-2016 Academic Fellow, Rachel Sachs. Rachel earned her J.D. in 2013 magna cum laude from Harvard Law School, where she was… Read More

Few will use Obamacare hardship exemption, analysts say

Washington Times, March 23, 2014
by Jacqueline Klimas, quoting Matthew J. B. Lawrence (Academic Fellow)

[...] “When you have a very vague term like this exemption 14, the devil could be in the details on how it is implemented,” Mr. Lawrence said. “But that is one place where a different… Read More

States seek wiggle room on Obamacare deadline

Washington Times, March 19, 2014
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] “The deadline is March 31,” a Health and Human Services Department spokeswoman said. But Matthew Lawrence, a fellow at Harvard Law School, said it’s no surprise the administration is… Read More

Was the Medicaid Expansion Coercive?

Routledge, 2014
by I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

In The Affordable Care Act Decision: Philosophical and Legal Implications, Fritz Allhoff and Mark Hall, eds. In this book chapter on the ACA decision, NFIB v. Sebelius, I focus on the Court's… Read More

Indian medicine, coming soon to an island near you

BMJ, February 25, 2014
by Suzy Frisch, quoting I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

[...] NH will open a hospital in the Cayman Islands in February in partnership with Ascension Health, the largest non-profit provider in the US. Shetty and David Pryor, president and CEO of Ascension Clinical… Read More

Too good to be true?

NBC News, February 3, 2014
by Zac Bissonnette, quoting I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

[...] The ministries are not regulated for solvency, said I. Glenn Cohen, a professor at Harvard Law School and co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics.… Read More

H.R. Hearing on Challenges and Solutions to Health Insurance Coverage for Small Businesses

U.S. House of Representatives, Committee on Small Business, March 14, 2007

FULL COMMITTEE HEARING ON  CHALLENGES AND SOLUTIONS TO HEALTH INSURANCE COVERAGE FOR SMALL BUSINESSES COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS… Read More