174 episodes
The Week in Health Law TWIHL
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- Government
Frank Pasquale, Nicolas Terry and their guests discuss the significant health law and policy issues of the week. Show notes are at TWIHL.com
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174. The Week in Public Health. Guests, 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. We started with a “lighting round.” First, SCOTUS not taking the Flint water lead contamination case. Second, the doubts cast on wraparound services by the NEJM hot-spotting study. Third, a quick update on the opioid litigation, including the Purdue Pharma bankruptcy proceedings Oklahoma’s new lawsuits against three large drug distributors. Hunter has also filed for almost half-million in litigation costs from J&J, the defendant pharmacies in the Cleveland litigation are arguing that doctors are responsible for any improper distribution of opioids to patients, not pharmacists who are obliged to fill those prescriptions. Finally, the first major criminal actions have now run their course with several Insys executives sentenced to jail time. The rest of the episode is a deep dive into the 2019-nCoV or Wuhan Coronavirus, of course with the caveat that this is a daily shifting landscape.
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173. Before the End of the Next Administration. Guest, 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 Citizen study, the HIPAA RFI, and the health privacy implications of California’s Consumer Privacy Act (or CCPA).
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172. 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 healthcare law and policy features the seasonal vocalizations of Zack Buck, John Cogan, and Jennifer Oliva. Nominees for both naughty and nice include a wealth of administration moves, 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.
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171. The Voldemort of Health Law. Guests, Erin Fuse Brown & Elizabeth McCuskey.
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.
Erin and Liz 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. -
170. Inclusive Health Care? Guests,Melissa Keyes, Heather Walter-McCabe, Stacey Tovino, & Ruqaiijah Yearby.
This episode was recorded at our recent conference entitled Getting Real About Health Care for All. An outstanding panel at the conference 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.
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169. Notes From a Birthday Party. Guest co-host, Rachel Rebouché.
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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