Wendy Mariner

Professor of Law
Edward R. Utley Professor of Health Law, Bioethics & Human Rights, Boston University School of Public Health
Professor of Socio-Medical Sciences and Community Medicine, Boston University School of Medicine

Expertise:
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Education:

B.A., Wellesley College
J.D., Columbia University School of Law
LL.M (Tax), New York University School of Law
M.P.H., Harvard School of Public Health

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Professor Wendy Mariner combines teaching and research on patient rights, risk regulation, health reform, health insurance, and ERISA, and has published more than 100 articles in the legal, medical and health policy literature. She is faculty director of the JD-MPH dual degree program. She also serves as co-director of the Boston University Clinical and Translational… Read more

Professor Wendy Mariner combines teaching and research on patient rights, risk regulation, health reform, health insurance, and ERISA, and has published more than 100 articles in the legal, medical and health policy literature. She is faculty director of the JD-MPH dual degree program. She also serves as co-director of the Boston University Clinical and Translational Science Institute’s Division on Regulatory Knowledge and Research Ethics and is chair of the Boston University Faculty Council.

Professor Mariner has served as a member of numerous boards and commissions, including the Massachusetts Health Facilities Appeals Board; the National Institutes of Health’s AIDS Policy Advisory Committee; the Institute of Medicine’s Committees; the Ryan White CARE Act and the Children’s Vaccine Initiative; the CIOMS/WHO Steering Committee for International Ethical Guidelines for Biomedical Research Involving Human Subjects; and the Executive Board of the American Public Health Association. She is currently a member of the Massachusetts Health Care Quality and Cost Council Advisory Committee, charged with implementing the Commonwealth’s health reform legislation, the Massachusetts Public Health Association Board of Directors, and is a founding member of the New England Coalition for Law and Public Health.

As legal director for a BU School of Public Health project, Professor Mariner assisted the Russian Federation in developing health reform legislation. She was the American Journal of Public Health‘s contributing editor for Health Law and Ethics, and she currently serves on the editorial boards of Journal of Health Politics, Policy & Law, the Journal of Law, Medicine & Ethics, and the Human Rights and the Global Economy. She and Professors Annas and Glantz have submitted amicus curiae briefs to the United States Supreme Court in several cases involving health law issues.

    In the Media

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    • Prez after latest health care setback: ‘Let Obamacare fail’

      July 19, 2017

      Boston Herald quoting Wendy Mariner, School of Law/ School of Public Health “The apparent failure of Republican efforts to repeal Obamacare has left the party in disarray and the future of the health care system in limbo — and President Trump says he’s ready to ‘let Obamacare fail…'” Expert quote: “If the ACA stays in […]

    • Obamacare covers free annual physicals, right? Wrong

      August 2, 2016

      Los Angeles Times Wendy Mariner, School of Law Banning resident Jim Bailey and his wife went in recently for their annual physicals… Expert quote: “This illustrates the somewhat arbitrary division between preventive exams, which the ACA seeks to encourage, and diagnosis and treatment, which remains subject to normal payment rules. A visit to get a diagnosis […]

    • Experts Media Alert – SCOTUS to rule on King v. Burwell

      June 2, 2015

      For the second time in three years, the Supreme Court is set to rule on a question which challenges the Affordable Care Act (ACA). In March, the court heard arguments on the case King v. Burwell, which deals with a unanimous federal appeals court ruling that upheld Internal Revenue Service regulations allowing health-insurance tax credits under the ACA for […]

    • BCBS of Massachusetts approves previously-disputed double mastectomies

      April 21, 2015

      Healthcare Dive Wendy Mariner, School of Law Insurers are in a delicate position as the ACA requires them to cover more while also managing costs… Expert quote: “There are so many procedures and new technologies that are being recommended that it’s difficult to decide what’s appropriate for which patient.” View full article

    • When an insurer says no to surgery

      April 17, 2015

      Boston Globe (subscription required) Wendy Mariner, School of Law Phuli Cohan consulted half a dozen doctors. She agonized. She cried. And finally, she decided that a double mastectomy — removing her cancerous breast and her healthy one — was the best way to rid herself of breast cancer and prevent a recurrence… Expert quote: “There […]

    • Can the Arizona Legislature Legally Make Doctors Lie About Abortion?

      April 3, 2015

      Phoenix New Times Wendy Mariner, School of Law A new law requiring doctors to tell women that medication-induced abortions can be reversed — a premise most of the health care community refutes — could be in violation of the First Amendment, experts say… Expert quote: “This is politics parading as protection of patient rights, which […]

    • The other Ebola fear: Your civil liberties

      November 5, 2014

      Ars Technica Wendy Mariner, School of Law, School of Public Health The power to quarantine is as “American as apple pie.”… Expert quote: “In the 1920s, there was sometimes isolation for somebody with sexually transmitted infections before there were antibiotics to treat them. But again, it was targeted largely at poor sex workers and some […]

    • Is a quarantine legal?

      October 31, 2014

      MSNBC “The Daily Rundown” Wendy Mariner, School of Law, School of Public Health View video of expert Wendy Mariner

    • Why There’s So Much Controversy Surrounding Ebola Quarantine Orders

      October 27, 2014

      ABCNews.com Wendy Mariner, School of Law, School of Public Health At least six states have issued tougher rules for travelers returning from Ebola-affected regions, some with mandatory quarantines going above and beyond federal guidelines… Expert quote: “If you single out anyone who works with Ebola then you probably have to quarantine U.S. health care workers […]

    • Are Quarantines Really Legal?

      October 10, 2014

      Slate Wendy Mariner, School of Law, School of Public Health Thomas Eric Duncan, the first person to be diagnosed with Ebola in the United States, died from the virus on Wednesday… View full article quoting expert Wendy Mariner

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