Nicole Huberfeld, JD

Professor of Health Law, Ethics & Human Rights, Health Law, Policy & Management
Nicole Huberfeld


Nicole Huberfeld is 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 health care law and constitutional law with emphasis on the role of federalism and spending power in federal health care programs, especially Medicaid. She 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 has an article forthcoming in Stanford Law Review (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 New England Journal of Medicine, 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, and Modern Healthcare. 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. Previously, she taught at Seton Hall University School of Law and directed the health care compliance certification program there. Huberfeld also practiced law in New York and New Jersey before entering academia.

Other Positions

  • Professor, Boston University School of Law


  • University of Pennsylvania, BA
  • Seton Hall University, JD


  • Published on 1/1/2019

    Huberfeld N, Mariner W, Annas G, Ulrich M. PUBLIC HEALTH LAW, 3d ed. Carolina Academic Press. Durham, NC. 2019.

  • Published on 1/1/2019

    Huberfeld N. HOLES IN THE SAFETY NET: FEDERALISM AND POVERTY. Health Care Reform. Cambridge University Press. 2019.

  • Published on 6/1/2018

    Gluck AR, Huberfeld N. What Is Federalism in Healthcare For? Stanford Law Rev. 2018 Jun; 70(6):1689-803. PMID: 30203949.

    Read at: PubMed
  • Published on 2/7/2018

    Huberfeld N. Can Work Be Required in the Medicaid Program? N Engl J Med. 2018 Mar 01; 378(9):788-791. PMID: 29412779.

    Read at: PubMed
  • Published on 1/1/2018

    Huberfeld N, Gluck A. Indiana Health Law Review. Measuring the New Health Care Federalism on the Ground. 2018; 15.

  • Published on 1/1/2018

    Huberfeld N, Weeks E, Outterson K. THE LAW OF AMERICAN HEALTH CARE (2nd edition). 2018.

  • Published on 1/1/2018

    Huberfeld N. Harvard Law & Policy Review. Access to Health in Rural Communities. 2018.

  • Published on 1/1/2017

    Huberfeld J. Instrumental and Transformative Medical Technologies. VAND. J. ENT. & TECH. L. 2017; 19(267).

  • Published on 1/1/2016

    Huberfeld N, Roberts J. Health Care and the Myth of Self-Reliance. 57 B. C. L. REV. 1. 2016.

  • Published on 7/1/2015

    Huberfeld N. The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program. Health Aff (Millwood). 2015 Jul; 34(7):1156-61. PMID: 26153310.

    Read at: PubMed

View 23 more publications:View full profile at BUMC

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