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New TWIHL with Christopher Robertson

I am joined by Christopher Robertson, Associate Dean for Research and Innovation and Professor of Law at the University of Arizona. He is also an Academic Fellow Alumnus of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. His scholarship is well known to most of you including publications in leading law reviews and outlets such as the New England Journal of Medicine. He is routinely featured in national media, such as the Wall Street Journal and the Washington Post, and on NBC News and National Public Radio. His latest book is Exposed, published this month by Harvard University Press.

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The 2019-nCoV virus on TWIHL with Ross Silverman and Alexandra Phelan

A welcome back to my friend and collaborator Ross Silverman. He is Professor of Health Policy and Management at the Indiana University Richard M. Fairbanks School of Public Health at IUPUI, and holds a secondary appointment as Professor of Public Health Law at the Indiana University Robert H. McKinney School of Law. And a first time welcome to Alexandra Phelan. Dr. Phelan is a member of the Center for Global Health Science and Security and a Faculty Research Instructor in the Department of Microbiology and Immunology at Georgetown University. She also holds an appointment as Adjunct Professor of Law at Georgetown University Law Center.

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New TWIHL with Kirk Nahra

A welcome back to Kirk Nahra, a partner at and co-chair of the Cybersecurity and Privacy Practice at WilmerHale in DC. A leader in the privacy bar, Mr. Nahra has been involved in developing the privacy legal field for 20 years. As a founding member and longtime board member of the International Association of Privacy Professionals, he helped establish the organization’s Privacy Bar Section. He has taught privacy issues at several law schools, including serving as an adjunct professor at the Washington College of Law at American University and at Case Western Reserve University. In addition, he currently serves as a fellow with the Cordell Institute for Policy in Medicine & Law at Washington University in St. Louis and as a fellow with the Institute for Critical Infrastructure Technology. We have a broad-ranging discussion about the last year in HIPAA enforcement, HHS-OCR’s apparent interest in access rights likely influenced by a highly publicized Ciitizen study, the HIPAA RFI, and the health privacy implications of California’s Consumer Privacy Act (or CCPA). Read More

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Naughty or Nice 2019? Guests, Zack Buck, John Cogan, and Jennifer Oliva

Ho-ho-ho! It’s the return of “Who’s Been Naughty or Nice?,” TWIHL’s infamous Holiday show. This year’s festive appreciation of those who work in the health care law and policy workshop features the seasonal vocalizations of Zack Buck, John Cogan, and Jennifer Oliva. Nominees for both naughty and nice include a wealth of administration players and policies, plenty of good and bad Medicaid news, drug pricing, and a whole lot more to fill our stockings and remind us that the consumption of prodigious amounts of egg nog is increasingly a quid pro quo for health law and policy work.

The Week in Health Law Podcast from Nicolas Terry is a commuting-length discussion about some of the more thorny issues in health law and policy. Subscribe at Apple Podcasts or Google Play, listen at Stitcher Radio, SpotifyTunein or Podbean.

Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find me on Twitter @nicolasterry or @WeekInHealthLaw.

The Week in Health Law podcast logo twihl.com

New TWIHL with Erin Fuse Brown and Elizabeth McCuskey

Erin Fuse Brown and Elizabeth McCuskey have a fantastic new article coming out in the University of Pennsylvania Law Review entitled “Federalism, ERISA, and State Single-Payer Health Care” that is the subject of our conversation.

Erin Fuse Brown is a Professor of Law at Georgia State University’s College of law. She teaches Administrative Law; Health Law: Financing & Delivery; and the Health Care Transactional & Regulatory Practicum. She is a faculty member of the Center for Law, Health & Society. In 2019 Professor Fuse Brown was awarded a grant from the Laura and John Arnold Foundation to study out-of-network air ambulance bills. She served as co-investigator on a grant from the National Human Genome Research Institute from 2014-2017 to study legal protections for participants in genomic research and in 2017 won the Patricia T. Morgan Award for Outstanding Scholarship among her faculty. Elizabeth McCuskey is a Professor Law at UMass School of Law, There she teaches Civil Procedure, Health Law, Food & Drug Law, and Health Care Antitrust courses. Her research focuses on regulatory reforms for health equity and courts’ roles in securing those reforms. She is broadly published and her work on ERISA preemption and state health reform was featured on Health Affairs Blog and she has covered FDA preemption for SCOTUSBlog. She was a 2016 ASLME Health Law Scholar.

The Week in Health Law Podcast from Nicolas Terry is a commuting-length discussion about some of the more thorny issues in health law and policy. Subscribe at Apple Podcasts or Google Play, listen at Stitcher Radio, SpotifyTunein or Podbean.

Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find me on Twitter @nicolasterry or @WeekInHealthLaw.

The Week in Health Law podcast logo twihl.com

New TWIHL with Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, & Ruqaiijah Yearby

By Nicolas Terry

This episode was recorded at our recent conference entitled Getting Real About Health Care for All. An outstanding panel at the conference was asked the question, “Can We Make Health Care Inclusive?” To answer that question we welcomed Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, and Ruqaiijah Yearby. They approached the question from the perspective of those commonly excluded from quality healthcare; those along the capacity spectrum, members of the LGBTQ communities, those suffering from mental health or substance use disorders, and those requiring home or facility-based long-term care.

The Week in Health Law Podcast from Nicolas Terry is a commuting-length discussion about some of the more thorny issues in health law and policy. Subscribe at Apple Podcasts or Google Play, listen at Stitcher Radio, SpotifyTunein or Podbean.

Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find me on Twitter @nicolasterry or @WeekInHealthLaw.

Subscribe to TWIHL here!

The Week in Health Law podcast logo twihl.com

New TWIHL with Rachel Rebouché, Jennifer Karas Montez, Evan Anderson & Wendy Parmet

By Nicolas Terry

This episode was recorded at Temple Law during Temple Law’s celebratory Law Review Symposium: Looking Back and Looking Ahead, 10 Years of Public Health Law Research in September 2019. My guest host is Rachel Rebouché from the Center for Public Health Research at Temple University Beasley School of Law. Together we enjoyed a wide-ranging discussion with some brilliant researchers, Jennifer Karas Montez from the Syracuse University Maxell School of Citizenship and Public Affairs, Evan Anderson from the University of Pennsylvania School of Nursing, and Wendy Parmet, Matthews Distinguished University Professor of Law and Director, Center for Health Policy and Law at Northeastern University.

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Broken, frayed net, representing a broken social safety net

Are Work Requirements Sinking as Arizona and Indiana Abandon Ship?

By Nicolas Terry

There’s an old saying, credited to Will Rogers, “If you find yourself in a hole, stop digging!” When it comes to Medicaid work requirements there has been mounting evidence that excavation cessation would be good advice for states considering this misguided attempt at social engineering. After all, work requirement waivers face unrelenting legal challenges, an obdurate CMS apparently unable to fashion a lawful waiver, mountains of bad data, and increasingly poor optics. Two weeks ago Arizona, which had yet to implement its program, jumped ship notifying CMS that it was postponing implementation. This week Indiana, which began implementation at the beginning of the year, announced a similar postponement.

According to the KFF Medicaid Waiver Tracker, CMS has approved applications from nine states for Section 1115 work requirement (or “community engagement”) waivers. Nine more are pending. Of the nine states with approvals, three (Arkansas, Kentucky, and New Hampshire) have had them overturned by D.C. Circuit Judge Boasberg. Work requirement poster state Kentucky even had a second, revised waiver overturned. Of the six other approved states, five (Arizona, Michigan, Ohio, Utah, and Wisconsin) have yet to implement their work requirements. Until this week, the sixth, Indiana, had been performing a slow and litigation-free roll out. However, with its work requirement sanctions about to get serious, a few weeks ago Indiana also found itself on Judge Boasberg’s docket.

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Matthew Cortland on “The Week in Health Law” Podcast

By Nicolas Terry

This week’s guest is Matthew Cortland, a patient and health care rights advocate from Massachusetts. He received his graduate training in public health from Boston University and earned a J.D. from George Mason University School of Law. He is disabled and chronically ill, a superbly effective lawyer, writer, and speaker as well as a well-known health care and disability rights activist.

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