Protecting Health Privacy is a Royal Pain

Heightened Scrutiny of Your Royal Highness

On Sunday, March 10, tabloids were in quite a frenzy when the British royal family published a photoshopped picture of Catherine, princess of Wales. The hubbub was extra hubbubbly, because this was the first official photo after the princess had abdominal surgery this past January. The order of events caused some people to speculate the edits indicated there was something to hide about the princess’s health status.

Shortly after the public reaction, the princess issued an apology for the edits. Sadly, less than two weeks later, the rumors were confirmed to be true: Princess Catherine did have a health problem. She had been diagnosed with cancer and had commenced preventative chemotherapy. As part of this announcement, Princess Catherine bravely encouraged the public, “For everyone facing this disease in whatever form, please do not lose faith or hope. You are not alone.” Read More

Red sand passes through hourglass bulbs.

Outlive by Peter Attia: A Book Review

By Bobby Stroup

If you want to read a book about how to guarantee a 100-year lifespan, Peter Atta’s Outlive is going to disappoint you. But if you want to learn about Medicine 3.0, the four horsemen diseases, and how you might increase your healthspan, then you should get a copy of the book today. 

Outlive is not a book on public health policy so much as it is an exploration of personal health policy. Even so, the text — existing somewhere between the genres of autobiography and medical journal anthology — offers insights relevant to any health care aficionado. Read More

baby feet

If You Give a Law Student a Baby

Editor’s Note: Congratulations, Bobby, and welcome to the world, baby Stroup!

By Bobby Stroup

If you give a law student a baby, they’re going to look for legal risk. And if they live in the Bay State, they’re going to want a class on ‘MILK’ (Massachusetts Infant Legal Knowhow). 

Then, after learning about the relevant law and policy, they’re probably going to want to write a legal blog post. They’ll need to do additional research to see how they can legally imitate a popular children’s book. Their research will show that “fair use” allows them to parody the book series by exaggerating its format in a new story.  Read More

People running on treadmills in a gym.

WHOOP and the IRS: How Tax Avoidance Helps Health

By Bobby Stroup

On December 19, WHOOP announced their flagship product (bearing the same name as the company) is now eligible for FSA and HSA spending. This news means customers might use tax deductions to purchase the “wearable” wellness device. Effectively, courtesy of Uncle Sam, Americans can now save money on trying to be like Michael Phelps and Colleen Quigley.

More than merely a discount on a fitness band, this announcement highlights larger issues within federal policymaking. The article here explores how the complexities of the tax code are intertwined with American health care.

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football on field

The NCAA May Pay a Healthy Sum to Student Athletes

By Bobby Stroup

Right now in a Los Angeles courtroom, the fate of the NCAA hangs in the balance. Perhaps as a way to preempt the outcome, on December 6, NCAA President Charlie Baker sent a letter proposing some schools should be allowed to compensate student athletes for using their name, image and likeness (NIL). President Baker is right to try and get ahead of the student-athlete compensation issue, but NIL payments are not the only issue at play. Health care will also be a critical part of future student-athlete compensation conversations.

The NCAA describes the compensation lawsuits as beginning in 2009, yet exploring this topic reveals the debate is not so novel. The NIL terminology is newer, but limiting this to an NIL problem is overly narrow. The challenge of student-athlete compensation is a broader issue that started at the founding of the organization. This issue is rooted in more than a century of health policy, and understanding that history is essential to understanding future NCAA negotiations.

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golden ring on a log.

President Joe Biden, the AI Wizard

By Bobby Stroup

Artificial Intelligence (AI) isn’t magic, but there is value in telling a magical story to non-technical stakeholders to describe how we’ll govern this transformative technology. In fact, President Joe Biden himself could benefit by borrowing from an existing legend.

Let’s pick a story that’s already popular and one where heroes successfully overcame a dangerous technology. That technology should be simple, but also one that embodies the idea of harms caused by design. Focusing on a simple device avoids the distraction of technological details, allowing us to more easily ponder the bigger picture.

With the above parameters in mind, I suggest we discuss the technology of an “evil ring.” No, I don’t mean that Ring. I’m saying we should analogize health care AI to Sauron’s One Ring from J.R.R. Tolkien’s The Lord of the Rings.

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Portland, OR, USA - Jan 19, 2022: Emojis sorted by usage frequency are seen in the iMessage app on an iPhone.

Emoji Laws in Health Care ❤️⚖️

By Bobby Stroup

2023 is the year of the emoji lawsuit.  This year a “thumbs-up” 👍 emoji was found to be part of a legally binding contract. In another legal case, a “moon” 🌝 emoji was found to be possible evidence of securities fraud. This legal evolution may seem a bit strange. We are more accustomed to emojis being the characters in a “cinematic masterpiece” or the subject of corporate public relations. However, times are changing, and these symbols now have financial and legal implications in a wide variety of industries. Health care is no exception.

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AUSTIN, TEXAS, UNITED STATES - October 23, 2022: Shaquille O'Neal at round 19 of the 2022 FIA Formula 1 championship taking place at the Circuit of the Americas in Austin, Texas United States.

Shaq, Entrepreneurship, and Social Determinants of Health

By Bobby Stroup 

If advocates working to address health disparities want to overcome seemingly insurmountable obstacles, perhaps they should adopt the mindset of people who do that on a daily basis: entrepreneurs.

Applying the entrepreneurial spirit to advocacy around the social determinants of health (SDOH) sounds like a potentially beneficial way to further the cause. But can we manufacture that attitude through public policy? Law is a tool we use to protect fundamental rights and empower social progress. But does that mean we should use it to make people care about SDOH innovation?

In this article, I will consider potential law and policy-based approaches to promoting entrepreneurial innovation in the realm of health equity. Read More

Five headshots of the Petrie-Flom Center student fellow cohort (2023-2024) on red background.

Petrie-Flom Welcomes 2023-2024 Student Fellows

(Clockwise from top left: Joelle Boxer, Adithi Iyer, Vincent Joralemon, Hannah Rahim, Bobby Stroup)

We are excited to welcome a new group of Student Fellows to the Petrie-Flom Center family. These five students are a fantastic cohort of health law policy, biotechnology, and bioethics scholars who join us from Harvard Law School.

They each will undertake a year-long research project with mentorship from Center faculty and affiliates, and also will blog here at Bill of Health regularly. Keep an eye out for their bylines!

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