Nicole Huberfeld

Nicole Huberfeld

Edward R. Utley Professor of Health Law, BU School of Law and BU School of Public Health

Co-Director, BU Program on 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 Law and School of Public Health, where she is faculty in the Health Law Program and Co-Director of the BU Program on Reproductive Justice. Her research studies the intersection of health law and constitutional law, often focusing on federalism while studying the needs of vulnerable populations in health reform, Medicaid, and reproductive rights. 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 (Austin B. Fletcher Professor of Law, Executive Director of CARB-X), and Matt Lawrence (Associate Professor of Law at Emory School of Law) (3d edition 2023). She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019) (4th edition forthcoming). She has authored many book chapters, national and international 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, U.C. Davis Law Review, Health Affairs, JAMA, and New England Journal of Medicine. 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. Nicole also serves as Research Director for the Uniform Law Commission’s Joint Editorial Board on Health Law.

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 Guardian, The Sunday Times, and Univision.

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 & 2023 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 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.

Publications

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  • Brief for Amici Curiae Legal Scholars Supporting Respondent
    Scholarly Commons
  • Nicole Huberfeld, High Stakes, Bad Odds: Health Laws and the Revived Federalism Revolution 57 U.C. Davis Law Review (2023)
    Scholarly Commons
  • Aziza Ahmed, Nicole Huberfeld & Linda C. McClain, INTRODUCTION: Securing Reproductive Justice After Dobbs 51 Journal of Law, Medicine & Ethics (2023)
    Scholarly Commons
  • Nicole Huberfeld, Federalism, Leadership, and COVID-19: Evolving Lessons for the Public’s Health (2023)
    Scholarly Commons
  • Nicole Huberfeld, Private Actions to Protect Medicaid Live to See Another Day 330 JAMA (2023)
    Scholarly Commons
  • Nicole Huberfeld, Elizabeth Weeks, Kevin Outterson & Matthew B. Lawrence, The Law of American Health Care, Third Edition (2023)
    Scholarly Commons
  • Nicole Huberfeld, Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents 329 JAMA (2022)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • Nicole Huberfeld, Medicaid Waivers, Administrative Authority, and the Shadow of Malingering 49 Journal of Law, Medicine & Ethics (2021)
    Scholarly Commons
  • Nicole Huberfeld, Danielle Pelfrey Duryea & Ruqaiijah Yearby, Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers, in AHLA Health Law Watch (2021)
    Scholarly Commons
  • Nicole Huberfeld, Health Equity, Federalism, and Cannabis Policy 101 Boston University Law Review (2021)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • Nicole Huberfeld & Paul Shafer, In Its First 100 Days, The Biden Administration Must Restore The Soul Of Medicaid Health Affairs (2021)
    Scholarly Commons
  • Nicole Huberfeld, A Cross-Cutting Public Law Scholar for the Ages 88 The University of Chicago Law Review (2021)
    Scholarly Commons
  • Nicole Huberfeld, Sidney Watson & Alison Barkoff, Struggle for the Soul of Medicaid 48 Journal of Law, Medicine & Ethics (2020)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • Nicole Huberfeld, David Jones & Sarah Gordon, Have the ACA’s Exchanges Succeeded? It’s Complicated 45 Journal of Health Politics, Policy and Law (2020)
    Scholarly Commons
  • Sarah H. Gordon, Nicole Huberfeld & David K. Jones, What Federalism Means for the US Response to Coronavirus Disease 2019 1 JAMA Health Forum (2020)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • Nicole Huberfeld, Epilogue: Health Care, Federalism, and Democratic Values 45 American Journal of Law & Medicine (2019)
    Scholarly Commons
  • Nicole Huberfeld, Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment 134 Public Health Reports (2019)
    Scholarly Commons
  • Nicole Huberfeld, Federalism in Health Care Reform, in Holes in the Safety Net: Federalism and Poverty (Ezra Rosser,2019)
    Scholarly Commons
  • Wendy K. Mariner, George J. Annas, Nicole Huberfeld & Michael Ulrich, Public Health Law, 3rd ed. (2019)
    Scholarly Commons
  • Nicole Huberfeld, Rural Health, Universality, and Legislative Targeting 12 Harvard Law and Policy Review (2018)
    Scholarly Commons
  • Nicole Huberfeld, What is Federalism in Health Care for? 70 Stanford Law Review (2018)
    Scholarly Commons
  • Nicole Huberfeld, Can Work Be Required in the Medicaid Program 378 New England Journal of Medicine (2018)
    Scholarly Commons
  • Abbe Gluck & Nicole Huberfeld, Health Care Federalism and Next Steps in Health Reform 46 Journal of Law, Medicine & Ethics (2018)
    Scholarly Commons
  • Nicole Huberfeld & Abbe Gluck, The New Health Care Federalism on the Ground 15 Indiana Health Law Review (2018)
    Scholarly Commons
  • Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care, 2nd ed. (2018)
    Scholarly Commons
  • Nicole Huberfeld & Kevin Outterson, Teaching the Law of American Health Care 61 St. Louis University Law Journal (2017)
    Scholarly Commons
  • Nicole Huberfeld, NFIB v. Sebelius at 5 12 University of St. Thomas Journal of Law and Public Policy (2017)
    Scholarly Commons
  • Nicole Huberfeld, Health Care and the Myth of Self-Reliance 57 Boston College Law Review (2016)
    Scholarly Commons
  • Nicole Huberfeld, Instrumental and Transformative Medical Technologies 19 Vanderbilt Journal of Entertainment & Technology Law (2016)
    Scholarly Commons
  • Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care (2016)
    Scholarly Commons
  • Nicole Huberfeld, The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program 34 Health Affairs (2015)
    Scholarly Commons
  • Nicole Huberfeld, An Empirical Perspective on Medicaid as Social Insurance 46 University of Toledo Law Review (2015)
    Scholarly Commons
  • Nicole Huberfeld, The Universality of Medicaid at Fifty 15 Yale Journal of Health Policy, Law and Ethics (2015)
    Scholarly Commons
  • Nicole Huberfeld, Health Care: Legal Issues, in International Encyclopedia of the Social & Behavioral Sciences, 2nd ed. (James D. Wright,2015)
    Scholarly Commons
  • Nicole Huberfeld, Medicaid Expansion as Completion of the Great Society 1 University of Illinois Law Review (2014)
    Scholarly Commons
  • Nicole Huberfeld, Reproductive Issues, in Problems in Health Care Law: Challenges for the 21st Century (John E. Steiner, Jr.,2013)
    Scholarly Commons
  • Nicole Huberfeld, Where There is a Right, There Must Be a Remedy (Even in Medicaid) 102 Kentucky Law Journal (2013)
    Scholarly Commons
  • Nicole Huberfeld, Heed Not the Umpire (Justice Ginsburg Called NFIB) 15 University of Pennsylvania Journal of Constitutional Law (2013)
    Scholarly Commons
  • Nicole Huberfeld, With Liberty and Access for Some: The ACA's Disconnectfor Women's Health 40 Fordham Urban Law Journal (2013)
    Scholarly Commons
  • 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)
    Scholarly Commons
  • Nicole Huberfeld, Post-Reform Medicaid before the Court: Discordant Advocacy Reflects Conflicting Attitudes 21 Annals of Health Law (2012)
    Scholarly Commons
  • Nicole Huberfeld, Federal Spending and Compulsory Maternity, in Feminist Constitutionalism: Global Perspectives (Beverley Baines, Daphne Barak-Erez, and Tsvi Kahana,2012)
    Scholarly Commons
  • Nicole Huberfeld, The Politics of Medicaid 33 Journal of Legal Medicine (2012) (book review)
    Scholarly Commons
  • Nicole Huberfeld, Federalizing Medicaid 14 University of Pennsylvania Journal of Constitutional Law (2011)
    Scholarly Commons
  • Nicole Huberfeld, Conditional Spending and Compulsory Maternity 2010 University of Illinois Law Review (2010)
    Scholarly Commons
  • Nicole Huberfeld, Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements 42 UC Davis Law Review (2008)
    Scholarly Commons
  • Nicole Huberfeld, Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs 86 North Carolina Law Review (2008)
    Scholarly Commons
  • Nicole Huberfeld, Tackling the "Evils" of Interlocking Directorates in Healthcare Nonprofits 85 Nebraska Law Review (2007)
    Scholarly Commons
  • Nicole Huberfeld, Pharma on the Hot Seat 40 Journal of Health Law (2007)
    Scholarly Commons
  • Nicole Huberfeld, Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine 14 Health Matrix: Journal of Law-Medicine (2004)
    Scholarly Commons
  • Nicole Huberfeld, Quality Control, Enterprise Liability, and Disintermediation in Managed Care 29 Journal of Law, Medicine and Ethics (2001)
    Scholarly Commons

In the Media

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  • PolitiFact May 10, 2024

    Florida Abortion Amendment Wouldn’t Let Tattoo Artists, Receptionists Decide Health Risk Exceptions

    Nicole Huberfeld is quoted.
    read more

  • Bloomberg Law April 24, 2024

    Abortion Privacy Rule Risks Legal Challenge From States, Doctors

    Nicole Huberfeld is quoted.
    read more

  • Stat April 23, 2024

    EMTALA, a Vital Health Law You’ve Never Heard of, Is in Danger

    Nicole Huberfeld pens an opinion.
    read more

  • The Intercept April 19, 2024

    Idaho Goes to the Supreme Court to Argue That Pregnant People Are Second-Class Citizens

    Nicole Huberfeld is quoted.
    read more

  • Health Affairs March 29, 2024

    The Effects Of Dobbs On Cancer Care


    read more

  • The Guardian March 27, 2024

    US Supreme Court Hearing Not a Success for Anti-abortion Doctors, Experts Say

    Nicole Huberfeld is quoted.
    read more

  • WBEZ Chicago March 5, 2024

    Democratic Illinois Lawmakers Propose Ways to Protect — or Expand — IVF

    Nicole Huberfeld is quoted.
    read more

  • Health News March 1, 2024

    What Does the IVF Ruling Mean for Alabama Women?

    Nicole Huberfeld is quoted.
    read more

  • USA Today February 22, 2024

    Alabama Justice Invoked ‘The Wrath of a Holy God’ in IVF Opinion. Is That Allowed?

    Nicole Huberfeld is quoted.
    read more

  • BU Today

    Alabama Court Ruling That Frozen Embryos Are Children and Its Impact on the Future of IVF Treatment

    Nicole Huberfeld is quoted.
    read more

  • BU Today

    Alabama Court Ruling That Frozen Embryos Are Children and Its Impact on the Future of IVF Treatment

    Nicole Huberfeld. is quoted.
    read more

  • KXCV-KRNW February 19, 2024

    ‘Uncharted Territory’: How Would Abortion-Rights Amendment Impact Missouri Trap Laws?

    Nicole Huberfeld is quoted.
    read more

  • BU Today January 23, 2024

    Reasons to Be Optimistic about 2024 (Seriously)

    Nicole Huberfeld is quoted.
    read more

  • Truthout January 3, 2024

    Far Right Appeals Court Rules Against Fed Protections for Emergency Abortions

    Nicole Huberfeld is quoted.
    read more

  • The Guardian December 16, 2023

    Kate Cox Case Reveals Toll of US Abortion Bans on Women in Medical Emergencies

    Nicole Huberfeld is quoted.
    read more

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