Category: Wendy Mariner

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

June 2nd, 2015 in 2014, Abigail Moncrieff, David K. Jones, Experts Media Alert, George Annas, Kevin Outterson, News Releases, Questrom School of Business, School of Law, School of Public Health, Wendy Mariner 0 comments

Photo courtesy Creative Commons

Photo courtesy Creative Commons

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 consumers in all 50 states. Opponents argue that most of the subsidies are illegal. A decision is due by the end of June. The following Boston University professors are available for comment and analysis:

School of Law

Abigail Moncrieff is an associate professor of law and an authority on health-care law. She is quoted frequently on Obamacare and authored a piece on Boston.com in June 2012 titled “Why did the Supreme Court uphold the Affordable Care Act?”.
Moncrieff can be reached at 617-353-2212 or arm11@bu.edu.

Kevin Outterson is a professor of law and an authority on food and drug law, drug marketing, and director of the BU Health Law Program.  He also is editor-in-chief of The Journal of Law, Medicine & Ethics and blogs on health policy issues on The Incidental Economist.
Outterson can be reached at 617-353-3103 or 
mko@bu.edu.

In 2012, Profs. Moncrieff and Outterson led a team of BU Law students that filed four amicus briefs supporting the Affordable Care Act. The work was cited by Supreme Court Justice Ruth Bader Ginsburg in her decision of Obamacare.

School of Public Health

David K. Jones is an assistant professor of health, policy and management. His research examines the political and policy issues surrounding the ACA’s implementation. He is also working on a book about how states made decisions around whether or not to create health insurance exchanges. Prof. Jones recently co-authored an op-ed  in the Washington Post titled “States have ‘no B plan’ if the Supreme Court scraps health-care subsidies.” In April of this year, he also was a co-author of an article in The Yale Law Journal titled “No Good Options: Picking Up the Pieces After King v. Burwell.”
Jones can be reached at 617-414-1324 or dkjones@bu.edu.

Wendy Mariner is the Edward R. Utley Professor of Health Law, Bioethics & Human Rights, as well as a professor of law at BU’s School of Law. Her 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. In 2012, more than 100 health law professors, led by Professor Mariner and Professor Mark Hall of Wake Forest University, submitted an amicus curiae to the Supreme Court in the case concerning constitutionality of the 2010 federal health care reform law.
Mariner can be reached at 617-638-4626 or wmariner@bu.edu.

George Annas is the William Fairfield Warren Distinguished Professor and Chair of the Department of Health Law, Bioethics & Human Rights and a professor in BU’s School of Medicine and School of Law. His areas of expertise include bioethics, health law, and human rights. In 2012, he co-wrote an article with Wendy Mariner which was published in the New England Journal of Medicine titled “Reframing Federalism – The Affordable Care Act (and Broccoli) in the Supreme Court.”
Annas can be reached at 617-638-4626 or assasgj@bu.edu.

Questrom School of Business

Stephen Davidson is a professor of healthcare management in BU’s Questrom School of Business and author of Still Broken: Understanding the U.S. Healthcare System. In October 2013, he wrote Opposition to Obamacare is maddening, a point-of-view piece for BU Today. He has also written several pieces on the Affordable Care Act for The Huffington Post.
Davidson can be reached at 617-353-7422 or 
sdavidso@bu.edu.

For additional commentary by Boston University experts, follow us on Twitter at @BUexperts

 

 

BCBS of Massachusetts approves previously-disputed double mastectomies

April 21st, 2015 in 2015, Newsmakers, School of Law, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Healthcare 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.”

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When an insurer says no to surgery

April 17th, 2015 in 2015, Boston Globe, Newsmakers, School of Law, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Boston 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 are so many procedures and new technologies that are being recommended that it’s difficult to decide what’s appropriate for which patient. Despite the money insurers make, we can be somewhat sympathetic to the difficulties they have in determining what’s appropriate for individual patients, especially now that everything has to be covered.”

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Can the Arizona Legislature Legally Make Doctors Lie About Abortion?

April 3rd, 2015 in 2015, Newsmakers, School of Law, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Phoenix 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 is highly troubling from a constitutional perspective. It is essentially forcing physicians to become a mouthpiece for a political position.”

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The other Ebola fear: Your civil liberties

November 5th, 2014 in 2014, Ebola, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Ars 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 immigrants.”

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Is a quarantine legal?

October 31st, 2014 in 2014, Ebola, MSNBC, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150MSNBC “The Daily Rundown”
Wendy Mariner, School of Law, School of Public Health

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Why There’s So Much Controversy Surrounding Ebola Quarantine Orders

October 27th, 2014 in 2014, ABCNews.com, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150ABCNews.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 and U.S. hospital workers treating Ebola patients.”

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Are Quarantines Really Legal?

October 10th, 2014 in 2014, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Slate
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

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Ebola screening measures rest on federal law

October 10th, 2014 in 2014, Associated Press, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150Associated Press
Wendy Mariner, School of Law, School of Public Health

The Obama administration’s plans to screen certain airline passengers for exposure to Ebola are based on the Constitution and long-established legal authority that would almost certainly stand up in court if challenged, public health experts say…

Expert quote:

“When we’re thinking of these issues, we use them as a prevention measure of last resort. And that’s because they would only be useful in a situation where there is a very dreadful disease that is very easily transmitted and for which we have no vaccine or treatment.”

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Authority for Ebola quarantine ‘is as American as apple pie

October 7th, 2014 in 2014, ABA Journal, Newsmakers, School of Law, School of Public Health, Wendy Mariner 0 comments

Wendy-Mariner1-150x150ABA Journal
Wendy Mariner, School of Law, School of Public Health

State law in Texas gives health officials “truly staggering” powers to quarantine people who could spread Ebola or other dangerous, contagious diseases, according to an expert with the University of Houston Law Center. And Texas is not alone…

Expert quote:

“Isolation is a useful tool in extreme circumstances, but it has an unhappy history of being applied rather selectively.”

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