Nicole Huberfeld

Nicole Huberfeld

Professor of Health Law, Ethics & Human Rights, BU School of Public Health

Professor of Law, BU School of Law

BA, University of Pennsylvania
JD, Seton Hall University

Areas of Interest
Health Law
Contact
  • Office Talbot
  • Phone 617-358-3026
Biography

Nicole Huberfeld is a professor of health law, ethics & human rights at the School of Public Health and professor of law at the School of Law. Her scholarship focuses on the cross-section of healthcare law and constitutional law with emphasis on the role of federalism and spending power in federal healthcare programs, especially Medicaid. She co-authored the 3d edition of Public Health Law (with Mariner, Annas & Ulrich) and co-authored the first new casebook on health care law in a generation, The Law of American Health Care, with Elizabeth Weeks, of the University of Georgia School of Law, and Kevin Outterson, executive director of CARB-X and N. Neal Pike Scholar in Health and Disability Law at BU Law. Huberfeld’s article, titled “Federalizing Medicaid,” was cited by the US Supreme Court in the first Affordable Care Act case, NFIB v. Sebelius. Her work also has been cited by the Delaware Supreme Court, federal district courts, and in briefs to the US Supreme Court. She published a major five-year study in Stanford Law Review tracking the federalism elements of the implementation of the ACA (with co-author Abbe Gluck, professor of law and director of the Solomon Center for Health Law and Policy at Yale Law School) and has published in national and international journals including Stanford Law Review, New England Journal of Medicine, Harvard Law & Policy Review, Boston College Law Review, Yale Journal of Health Policy, Law & Ethics, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, Health Affairs, and Vanderbilt Journal of Entertainment & Technology Law. She has been interviewed by numerous media outlets, including Congressional Quarterly, Washington Post, New York Times, NPR, Huffington Post, National Law Journal, Mother Jones, Law 360, Politico, Vice News, and Modern Healthcare. In 2019, Huberfeld won the Excellence in Teaching Award (for teaching in the Core) at BU School of Public Health. Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, healthcare organizations and finance, bioethical issues in the law, and a health law and policy seminar at the University of Kentucky College of Law and was a bioethics associate at the College of Medicine. Huberfeld won the UK 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 healthcare compliance certification program there. Huberfeld also practiced health law in New York and New Jersey before entering academia.

Publications
  1. Nicole Huberfeld & Sidney D. Watson, "Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies," in COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future , Public Health Law Watch (2021). Publisher
  2. Nicole Huberfeld, David Jones & Edward Alan Miller, "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 357 (2021).
    Publisher
  3. Nicole Huberfeld, Sarah Gordon & David 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 951 (2020).
    SSRN | Scholarly Commons
  4. Nicole Huberfeld & Abbe R. Gluck, "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 Emanuel & Abbe R. Gluck, eds., Hachette Book Group (2020).
  5. Nicole Huberfeld, David Jones & Sarah Gordon, "Have the ACA's Exchanges Succeeded? It's Complicated," 45 Journal of Health Politics, Policy and Law 661 (2020).
    Publisher | Scholarly Commons
  6. Nicole Huberfeld, "Is Medicare for All the Answer? Assessing the Health Reform Gestalt as the ACA Turns 10," 20 Houston Journal of Health Law & Policy (forthcoming).
    SSRN
  7. Nicole Huberfeld & Sidney D. Watson, "Medicaid's Vital Role in Addressing Health and Economic Emergencies," in Assessing Legal Responses to COVID-19 , Scott Burris, Sarah de Guia, Donna Levin, Wendy Parmet & Nicolas Terry, eds., Public Health Law Watch (2020). Publisher
  8. Nicole Huberfeld, "Struggle for the Soul of Medicaid," 48 Journal of Law, Medicine & Ethics 429 (2020).
  9. Nicole Huberfeld, Sarah Gordon & David Jones, "What Federalism Means for the US Response to Coronavirus Disease 2019," JAMA Health Forum (May 8, 2020).
    Publisher
  10. Nicole Huberfeld, "Epilogue: Health Care, Federalism, and Democratic Values," 45 American Journal of Law and Medicine 247 (2019).
    Publisher
  11. Nicole Huberfeld, "Federalism in Health Care Reform," in Holes in the Safety Net: Federalism and Poverty 197, Ezra Rosser, ed., Cambridge University Press (2019). Publisher | SSRN
  12. Wendy Mariner, George Annas, Nicole Huberfeld & Michael Ulrich, Public Health Law, 3rd edition, Carolina Academic Press (2019).
  13. Nicole Huberfeld, "Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment," 134 Public Health Reports 197 (2019).
    Publisher
  14. Nicole Huberfeld, "Can Work Be Required in the Medicaid Program?" 378 New England Journal of Medicine 788 (2018).
  15. Nicole Huberfeld & Abbe R. Gluck, "Health Care Federalism and Next Steps in Health Reform," 46 Journal of Law, Medicine & Ethics 841 (2018).
  16. Kevin Outterson, Nicole Huberfeld & Elizabeth Weeks, The Law of American Health Care, 2nd, Aspen Publishers (2018).
  17. Nicole Huberfeld & Abbe R. Gluck, "The New Health Care Federalism on the Ground," 15 Indiana Health Law Review 1 (2018).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  18. Nicole Huberfeld, "Rural Health, Universality, and Legislative Targeting," 13 Harvard Law & Policy Review 241 (2018).
    Scholarly Commons | SSRN | HeinOnline (BU) | HeinOnline
  19. Nicole Huberfeld & Abbe R. Gluck, "What Is Federalism in Healthcare For?" 70 Sanford Law Review 1689 (2018).
    Scholarly Commons | SSRN | HeinOnline (BU) | HeinOnline
  20. Nicole Huberfeld, "NFIB v. Sebelius at 5," 12 University of St. Thomas Journal of Law and Public Policy 48 (2017).
    Scholarly Commons | HeinOnline (BU) | HeinOnline
  21. Kevin Outterson, Nicole Huberfeld & Elizabeth Weeks, "Teaching the Law of American Health Care," 61 Saint Louis University Law Journal 401 (2017).
    Publisher | Scholarly Commons | HeinOnline
  22. Nicole Huberfeld & Jessica L. Roberts, "Health Care and the Myth of Self-Reliance," 57 Boston College Law Review 1 (2016).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  23. Nicole Huberfeld, "Instrumental and Transformative Medical Technologies," in Symposium Prognosis Positive: The Revolutionary Impact of Technology on Healthcare, 19 Vanderbilt Journal of Entertainment & Technology Law 267 (2016).
    HeinOnline (BU) | HeinOnline | Scholarly Commons
  24. Kevin Outterson, Nicole Huberfeld & Elizabeth Weeks, The Law of American Health Care, 1st, Aspen Publishers (2016).
  25. Nicole Huberfeld & Jessica L. Roberts, "An Empirical Perspective on Medicaid as Social Insurance," in Symposium Health Law Symposium, 46 University of Toledo Law Review 545 (2015).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  26. Nicole Huberfeld, "Health Care: Legal Issues," in International Encyclopedia of the Social & Behavioral Sciences, 2d ed, James D. Wright, ed., Elsevier, 594 (2015).
  27. Nicole Huberfeld, "The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program," 34 Health Affairs 1156 (2015).
    Publisher
  28. Nicole Huberfeld, "The Universality of Medicaid at Fifty," 15 Yale Journal of Health Policy, Law & Ethics 67 (2015).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  29. Nicole Huberfeld & Jessica L. Roberts, "Medicaid Expansion as Completion of the Great Society," 2014 University of Illinois Law Review Online 1 (2014).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  30. Nicole Huberfeld, "Heed Not the Umpire (Justice Ginsburg Called NFIB)," 15 University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny, 43 (2013).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  31. Kevin Outterson, Nicole Huberfeld & E. W. Leonard, "Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius," 93 Boston University Law Review 1 (2013).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  32. Nicole Huberfeld, "Reproductive Rights," in Problems in Health Care Law: Challenges for the 21st Century 417, 10th ed, John E Steiner Jr., ed., Jones & Bartlett Learning (2013).
  33. Nicole Huberfeld, "Where There is a Right, There Must Be a Remedy (Evenin Medicaid)," 102 Kentucky Law Journal 327 (2013).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  34. Nicole Huberfeld, "With Liberty and Access for Some: The ACA's Disconnectfor Women's Health," 40 Fordham Urban Law Journal 1357 (2013).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  35. Kevin Outterson, Nicole Huberfeld, Laura D. Hermer, Elizabeth Weeks, Sara Rosenbaum & Sidney D. Watson, Amici Curiae Brief on Behalf of the Department of Health and Human Services, Florida v. DHHS, U.S. Supreme Court, (Feb 17, 2012).
    SSRN | Scholarly Commons
  36. Nicole Huberfeld, "Challenging the Stakeholders," review of Laura Katz Olson, The Politics of Medicaid, Columbia University Press (2010), 33 Journal of Legal Medicine 201 (2012). SSRN
  37. Nicole Huberfeld, "Federal Spending and Compulsory Maternity," in Feminist Constitutionalism. Global Perspectives 281, Beverley Baines, Daphne Barak-Erez & Tsvi Kahana, eds., Cambridge University Press (2012). Publisher
  38. Nicole Huberfeld, "Post-Reform Medicaid before the Court: DiscordantAdvocacy Reflects Conflicting Attitudes," 21 Annals of Health Law 513 (2012).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  39. Nicole Huberfeld, "Federalizing Medicaid," 14 University of Pennsylvania Journal of Constitutional Law 431 (2011).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  40. Nicole Huberfeld, "Conditional Spending and Compulsory Maternity," 2010 University of Illinois Law Review 751 (2010).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  41. Nicole Huberfeld, "Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements," 42 U.C. Davis Law Review 413 (2008).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  42. Nicole Huberfeld, "Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs," 86 North Carolina Law Review 441 (2008).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  43. Nicole Huberfeld, "Pharma on the Hot Seat," 40 Journal of Health Law 241 (2007).
  44. Nicole Huberfeld, "Tackling the Evils of Interlocking Directorates inHealthcare Nonprofits," 85 Nebraska Law Review 681 (2007).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  45. Nicole Huberfeld, "Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine," 14 Health Matrix: Journal of Law-Medicine 243 (2004).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
  46. Nicole Huberfeld & John V. Jacobi, "Quality Control, Enterprise Liability, and Disintermediation in Managed Care," in Symposium , 29 Journal of Law, Medicine & Ethics 305 (2001).
    SSRN | Scholarly Commons | HeinOnline (BU) | HeinOnline
In the Media
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