Wendy K. 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

BA, Wellesley College
JD, Columbia University
LLM in Tax, New York University
MPH, Harvard University

Areas of Interest
Health Law

Professor Wendy Mariner’s research focuses on laws governing health risks, including social and personal responsibility for risk creation in conceptions of insurance, as well as national health systems, including the Affordable Care Act and ERISA, health information privacy, and population health policy.

She has published more than 100 articles in the legal, medical and health policy literature on patients and consumers’ rights, health care reform, insurance benefits, insurance regulation, public health, AIDS policy, research with human beings, and reproductive rights, and co-authored the law school textbook, Public Health Law (with Ken Wing, George Annas, and Dan Strouse). She also serves as a Program Chair of the Program in Health Law & Human Rights, a joint project with the Public Health Regulations Analysis Center of the National School of Public Health of the New University of Lisbon. Currently, she serves on the Health Information Exchange-Health Information Technology Council Advisory Committee for the Commonwealth of Massachusetts and chairs its Legal and Policy Workgroup. She is also a member of the Council of the American Bar Association’s Individual Rights and Responsibilities Section.

Professor Mariner has served on state, national, and international boards and commissions, including the Massachusetts Health Facilities Appeals Board, the Massachusetts Health Care Quality and Cost Council Advisory Committee, the National Institutes of Health’s AIDS Policy Advisory Committee, Institute of Medicine Study Committees, the CIOMS/WHO Steering Committee for the International Ethical Guidelines for Biomedical Research Involving Human Subjects, and the Executive Board of the American Public Health Association. Her university activities have included serving as Chair of the Boston University Faculty Council, Co-Director of Regulatory Knowledge and Research Ethics of Boston University’s Clinical and Translational Science Institute, and legal director for the Boston University School of Public Health project providing technical assistance to the Russian Federation in developing health reform legislation.

She has served as contributing editor for health law and ethics for the American Journal of Public Health and currently sits on the editorial boards of Journal of Health Politics, Policy & Law, the Journal of Law, Medicine & Ethics, and Human Rights and the Global Economy. She and Professors Annas and Glantz have submitted amicus curiae briefs to the United States Supreme Court in cases involving health law issues, including the Affordable Care Act.


3 credits

The seminar offers an in-depth examination of the pivotal role of public and private insurance in US health policy. Health insurance pays for almost all health care in the US, strongly influencing (often dictating) who gets what care and on what terms. The class explores how the Affordable Care Act affects the design, operation, and regulation of health benefit plans, including Medicare, Medicaid, employer-sponsored group plans, and commercial insurance. Investigating contemporary regulations, students learn fundamentals of insurance, where reforms do and do not alter such fundamentals, and whether reforms affect larger principles of law. Topics include state and federal regulation; ERISA plan requirements; ERISA preemption of certain state laws; accepting, managing and shifting financial risk; designing health insurance exchanges; contracting with providers, Accountable Care Organizations, employers, and individuals; designing and administering plans; defining benefits, including Essential Health Benefits; appeals and remedies; and state adaptations of health insurance exchanges, subsidy wrap-arounds, risk corridors, and Medicaid expansions. PREREQUISITE: JD 867 (Health Law) or JD 926 (Public Health Law) or LW 751 (Public Health Law at BUSPH) or permission of instructor. ENROLLMENT LIMIT: This class will meet with SPH LW 830 at the School of Public Health and is limited to five law students. NOTE: This seminar satisfies the upper- class professional skills requirement. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing requirement with permission of the instructor. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 992 A1 , Jan 22nd to Apr 30th 2018
Days Start End Credits Instructors Bldg
Mon 2:00 pm 4:50 pm 3 Wendy K. Mariner
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