
Nicole Huberfeld
Edward R. Utley Professor of Health Law at BU School of Public Health
Professor of Law, BU School of Law
Co-Director, BU Law Program in Reproductive Justice
BA, University of Pennsylvania
JD, Seton Hall University
Biography
Nicole Huberfeld is Edward R. Utley Professor of Health Law at BU School of Public Health and Professor of Law at BU School of Law, where she is also affiliate faculty with the Center for Antiracism Research and the Medicaid Policy Lab. Her research studies the intersection of health law and constitutional law, with particular focus on federalism, Medicaid, health reform, reproductive rights, and law as a determinant of health. She is co-author of two leading health law casebooks: The Law of American Health Care, with Elizabeth Weeks (University of Georgia School of Law), Kevin Outterson (Executive Director of CARB-X & N. Neal Pike Scholar in Health and Disability Law at BU Law), and Matt Lawrence (Associate Professor of Law at Emory School of Law) (3d edition forthcoming in 2023). She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019). She has authored many book chapters, law journal articles, peer-reviewed articles, and commentaries, appearing in publications such as Stanford Law Review, Harvard Law & Policy Review, Boston College Law Review, Yale Journal of Health Policy, Law & Ethics, University of Chicago Law Review, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, Health Affairs, New England Journal of Medicine, and JAMA. Her work has been cited in judicial opinions by the U.S. Supreme Court, lower federal courts, state courts, and federal and state executive agencies. In 2022, she became the Research Director for the Joint Editorial Board on Health Law for the Uniform Law Commission.
She has been interviewed by media such as The Washington Post, New York Times, NPR, Congressional Quarterly, Huffington Post, National Law Journal, Mother Jones, Law 360, Politico, Vice News, Newsweek, Time, The Sunday Times, and Modern Healthcare.
In 2019, Huberfeld won the Excellence in Teaching Award for teaching in the Core at BU School of Public Health. In 2021, she was nominated for the Melton Teaching Award at BU Law, and in 2022 she was nominated for the Petit Teaching Award at BU Law.
Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, health care organizations and finance, bioethical issues in the law, and health law and policy at the University of Kentucky College of Law and was a Bioethics Associate at the College of Medicine. Huberfeld won the College of Law Duncan Teaching Award in 2008. Previously, she taught at Seton Hall University School of Law as well as created and directed the health care compliance certification program at SHU Law. She also practiced health law in New York and New Jersey before entering academia.
- Profile Types
- Faculty, Full-Time Faculty, and Professors & Clinical Instructors
- Areas of Interest
- Health Law and Reproductive Justice
- Profiles
- Nicole Huberfeld
Publications
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Nicole Huberfeld, Federalism, Leadership, and COVID-19: Evolving Lessons for the Public’s Health (2023)
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Nicole Huberfeld, Sarah Gordon & David K. Jones, American Public Health Federalism and the Response to the COVID-19 Pandemic, in COVID-19 in Europe and North America: Policy Responses and Multi-Level Governance (Veronique Molinari and Pierre-Alexandre Beylier,2022)
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Nicole Huberfeld, Danielle Pelfrey Duryea & Ruqaiijah Yearby, Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers, in AHLA Health Law Watch (2021)
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Nicole Huberfeld, Health Equity, Federalism, and Cannabis Policy 101 Boston University Law Review (2021)
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Edward Alan Miller, Nicole Huberfeld & David K. Jones, Pursuing Medicaid Block Grants with the Healthy Adult Opportunity Initiative: Dressing Up Old Ideas in New Clothes 46 Journal of Health Politics, Policy and Law (2021)
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Nicole Huberfeld & Sidney Watson, Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies, in Covid-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future (Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P.,2021)
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Nicole Huberfeld & Paul Shafer, In Its First 100 Days, The Biden Administration Must Restore The Soul Of Medicaid Health Affairs (2021)
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Nicole Huberfeld, A Cross-Cutting Public Law Scholar for the Ages 88 The University of Chicago Law Review (2021)
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Nicole Huberfeld, Sidney Watson & Alison Barkoff, Struggle for the Soul of Medicaid 48 Journal of Law, Medicine & Ethics (2020)
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Nicole Huberfeld & Sidney Watson, Medicaid's Vital Role in Addressing Health and Economic Emergencies, in Assessing Legal Responses to COVID-19 (Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry,2020)
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Nicole Huberfeld, David Jones & Sarah Gordon, Have the ACA’s Exchanges Succeeded? It’s Complicated 45 Journal of Health Politics, Policy and Law (2020)
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Sarah H. Gordon, Nicole Huberfeld & David K. Jones, What Federalism Means for the US Response to Coronavirus Disease 2019 1 JAMA Health Forum (2020)
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Abbe Gluck & Nicole Huberfeld, Federalism under the ACA: Implementation, Opposition, Entrenchment, in The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (Ezekiel J. Emanuel and Abbe R. Gluck,2020)
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Nicole Huberfeld, Sarah Gordon & David K. Jones, Federalism Complicates the Response to the COVID-19 Health and Economic Crisis: What Can Be Done? 45 Journal of Health Politics, Policy and Law (2020)
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Nicole Huberfeld, Is Medicare for All the Answer? Assessing the Health Reform Gestalt as the ACA Turns 10 20 Houston Journal of Health Law and Policy (2020)
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Nicole Huberfeld, Epilogue: Health Care, Federalism, and Democratic Values 45 American Journal of Law & Medicine (2019)
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Nicole Huberfeld, Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment 134 Public Health Reports (2019)
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Nicole Huberfeld, Federalism in Health Care Reform, in Holes in the Safety Net: Federalism and Poverty (Ezra Rosser,2019)
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Wendy K. Mariner, George J. Annas, Nicole Huberfeld & Michael Ulrich, Public Health Law, 3rd ed. (2019)
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Nicole Huberfeld, Rural Health, Universality, and Legislative Targeting 12 Harvard Law and Policy Review (2018)
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Nicole Huberfeld, What is Federalism in Health Care for? 70 Stanford Law Review (2018)
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Nicole Huberfeld, Can Work Be Required in the Medicaid Program 378 New England Journal of Medicine (2018)
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Nicole Huberfeld & Abbe Gluck, The New Health Care Federalism on the Ground 15 Indiana Health Law Review (2018)
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Abbe Gluck & Nicole Huberfeld, Health Care Federalism and Next Steps in Health Reform 46 Journal of Law, Medicine & Ethics (2018)
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Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care, 2nd ed. (2018)
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Nicole Huberfeld, The New Health Care Federalism on the Ground 15 Indiana Health Law Review (2018)
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Nicole Huberfeld, NFIB v. Sebelius at 5 12 University of St. Thomas Journal of Law and Public Policy (2017)
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Nicole Huberfeld & Kevin Outterson, Teaching the Law of American Health Care 61 St. Louis University Law Journal (2017)
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Nicole Huberfeld, Health Care and the Myth of Self-Reliance 57 Boston College Law Review (2016)
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Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care (2016)
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Nicole Huberfeld, Instrumental and Transformative Medical Technologies 19 Vanderbilt Journal of Entertainment & Technology Law (2016)
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Nicole Huberfeld, The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program 34 Health Affairs (2015)
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Nicole Huberfeld, An Empirical Perspective on Medicaid as Social Insurance 46 University of Toledo Law Review (2015)
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Nicole Huberfeld, Health Care: Legal Issues, in International Encyclopedia of the Social & Behavioral Sciences, 2nd ed. (James D. Wright,2015)
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Nicole Huberfeld, The Universality of Medicaid at Fifty 15 Yale Journal of Health Policy, Law and Ethics (2015)
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Nicole Huberfeld, Medicaid Expansion as Completion of the Great Society 1 University of Illinois Law Review (2014)
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Kevin Outterson, Nicole Huberfeld & Elizabeth Weeks Leonard, Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius 93 Boston University Law Review (2013)
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Nicole Huberfeld, Where There is a Right, There Must Be a Remedy (Even in Medicaid) 102 Kentucky Law Journal (2013)
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Nicole Huberfeld, With Liberty and Access for Some: The ACA's Disconnectfor Women's Health 40 Fordham Urban Law Journal (2013)
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Nicole Huberfeld, Heed Not the Umpire (Justice Ginsburg Called NFIB) 15 University of Pennsylvania Journal of Constitutional Law (2013)
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Nicole Huberfeld, Reproductive Issues, in Problems in Health Care Law: Challenges for the 21st Century (John E. Steiner, Jr.,2013)
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Nicole Huberfeld, Post-Reform Medicaid before the Court: Discordant Advocacy Reflects Conflicting Attitudes 21 Annals of Health Law (2012)
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Nicole Huberfeld, The Politics of Medicaid 33 Journal of Legal Medicine (2012) (book review)
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Nicole Huberfeld, Federal Spending and Compulsory Maternity, in Feminist Constitutionalism: Global Perspectives (Beverley Baines, Daphne Barak-Erez, and Tsvi Kahana,2012)
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Nicole Huberfeld, Federalizing Medicaid 14 University of Pennsylvania Journal of Constitutional Law (2011)
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Nicole Huberfeld, Conditional Spending and Compulsory Maternity 2010 University of Illinois Law Review (2010)
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Nicole Huberfeld, Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs 86 North Carolina Law Review (2008)
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Nicole Huberfeld, Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements 42 UC Davis Law Review (2008)
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Nicole Huberfeld, Pharma on the Hot Seat 40 Journal of Health Law (2007)
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Nicole Huberfeld, Tackling the "Evils" of Interlocking Directorates in Healthcare Nonprofits 85 Nebraska Law Review (2007)
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Nicole Huberfeld, Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine 14 Health Matrix: Journal of Law-Medicine (2004)
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Nicole Huberfeld, Quality Control, Enterprise Liability, and Disintermediation in Managed Care 29 Journal of Law, Medicine and Ethics (2001)
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In the Media
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BU Today April 24, 2023
Supreme Court Upholds FDA Approval of Mifepristone: What’s Next?
Nicole Huberfeld is quoted.
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The Cut April 14, 2023
The Supreme Court Preserves Access to Abortion Pill for Now
Nicole Huberfeld is quoted.
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HuffPost April 13, 2023
White House Urgently Warns Radical Abortion Pill Ruling May Upend Everyone’s Medicine
Nicole Huberfeld is quoted.
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ABC News
Unprecedented Texas Abortion Pill Ruling Sparks Debate about ‘Judge Shopping’
Nicole Huberfeld is quoted.
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BU Today April 11, 2023
Judge’s Ruling to Invalidate Abortion Pill Ruling Could Impact Other FDA-Approved Drugs
Nicole Huberfeld is quoted.
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The Cut February 3, 2023
The Future of Abortion Pills Is on the Line
Nicole Huberfeld is quoted.
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The 19th January 10, 2023
Planned Parenthood Asks Judge to Rule in Texas Medicaid Fraud Suit
Nicole Huberfeld is quoted.
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VICE January 5, 2023
The FDA Just Changed Its Rules on the Abortion Pill. What Does That Actually Mean?
Nicole Huberfeld is quoted.
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Psychiatric News December 27, 2022
Dobbs Decision Threatens Lives, Experts Say
Nicole Huberfeld is quoted.
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The 19th November 22, 2022
She Made Headlines for Providing Abortion Care to a 10-Year-Old. Now She’s Fighting to Protect Patient Privacy.
Nicole Huberfeld is quoted.
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Bloomberg Law November 14, 2022
Abortion Rights Tops Biden To-Do List Even without Congress
Nicole Huberfeld is quoted.
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The Conversation November 9, 2022
In First Nationwide Election Since Roe was Overturned, Voters Opt to Protect Abortion Access
A piece authored by Linda C. McClain and Nicole Huberfeld.
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The Harvard Crimson November 1, 2022
Experts Discuss the Future of Abortion Law at Harvard Law School Panel
Nicole Huberfeld is quoted.
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Reuters September 19, 2022
US Judge Blocks Idaho Abortion Ban in Emergencies
Nicole Huberfeld provides insight.
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The BMJ
How Overturning Roe v. Wade Has Eroded Privacy of Personal Data
Nicole Huberfeld is quoted.
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