Nicole Huberfeld
Profiles

Nicole Huberfeld, JD

Edward R Utley Professor in Health Law, Health Law, Policy & Management - Boston University School of Public Health

Biography

Nicole Huberfeld is Edward R. Utley Professor of Health Law at the School of Public Health and Professor of Law at the School of Law. Her scholarship explores the cross-section of health law and constitutional law with emphasis on health reform, federalism in health care (especially Medicaid) and public health, and the federal spending power. She authored the first new casebook on health care law in a generation, The Law of American Health Care, with Elizabeth Weeks at 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, and a third edition is underway. She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019).

Huberfeld's article, Federalizing Medicaid, was cited by the US Supreme Court in the first Affordable Care Act decision, NFIB v. Sebelius. Her work has been cited by the Delaware Supreme Court, federal district courts, in briefs to the US Supreme Court, and by federal agencies. She published a major five-year study in Stanford Law Review studying federalism in 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, University of Chicago Law Review, 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 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. She recently became the Research Director for the Joint Editorial Board on Health Law for the Uniform Law Commission.

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 School of Law.

Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, health care 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 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 there. Huberfeld also practiced health law in New York and New Jersey before entering academia.

Other Positions

  • Professor - Boston University School of Law
  • Member, Evans Center for Interdisciplinary Biomedical Research - Boston University

Education

  • Seton Hall University, JD Field of Study: Law
  • University of Pennsylvania, BA Field of Study: History

Classes Taught

  • SPHLW830
  • SPHLW840
  • SPHPH719

Publications

  • Published on 1/1/2022

    National Academies of Sciences, Engineering, and Medicine; Health and Medicine Division; National Cancer Policy Forum; Board on Health Care Services; Francis Amankwah, Erin Balogh, Melissa Maitin-Shepard, and Sharyl Nass, Rapporteurs. The Impact of the Affordable Care Act on Cancer Prevention and Cancer Care: Proceedings of a Workshop. 2022.

  • Published on 4/1/2021

    Miller EA, Huberfeld N, Jones DK. Pursuing Medicaid Block Grants with the Healthy Adult Opportunity Initiative: Dressing Up Old Ideas in New Clothes. J Health Polit Policy Law. 2021 04 01; 46(2):357-374. PMID: 32955558.

    Read At: PubMed
  • Published on 1/11/2021

    Nicole Huberfeld, Paul R. Shafer. In Its First 100 Days, The Biden Administration Must Restore the Soul of Medicaid. Health Affairs Blog. 2021.

    Read At: Custom
  • Published on 1/1/2021

    Huberfeld N. Medicaid Waivers, Administrative Authority, and the Shadow of Malingering. J Law Med Ethics. 2021; 49(3):394-400. PMID: 34665096.

    Read At: PubMed
  • Published on 1/1/2021

    Nicole Huberfeld. A Cross-Cutting Public Law Scholar for the Ages. University of Chicago Law Review. 2021; 88:1651.

  • Published on 1/1/2021

    Danielle Pelfrey Duryea, Nicole Huberfeld, Ruqaiijah Yearby. Chapter 1 Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers in Health Law Watch. 2021; 1.

  • Published on 1/1/2021

    Nicole Huberfeld & Sidney Watson. Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies in COVID-19 POLICY PLAYBOOK II: LEGAL RECOMMENDATIONS FOR A SAFER, MORE EQUITABLE FUTURE. 2021.

  • Published on 1/1/2021

    Nicole Huberfeld. Health Equity, Federalism, and Cannabis Policy. Boston University Law Review. 2021; 101:897.

  • Published on 1/1/2021

    Nicole Huberfeld. Medicaid Waivers, Administrative Authority, and the Shadow of Malingering. Journal of Law, Medicine & Ethics. 2021; 49:394.

  • Published on 1/1/2021

    Nicole Huberfeld. HARVARD LAW BILL OF HEALTH. Possibilities and Pitfalls of Health Reform Through Budget Reconciliation. 2021.

News & In the Media