New Study Finds That TRAP (Targeted Regulation of Abortion Providers) Laws Are More Pervasive and Stringent Than Laws Regulating Other Office Interventions – Datasets and Mapping Tool Now Available on LawAtlas

Researchers from The University of California, San Francisco’s Advancing New Standards in Reproductive Health (ANSIRH) and Temple University’s Policy Surveillance Program of the Center for Public Health Law Research (CPHLR) published a study yesterday in the American Journal of Public Health, comparing laws governing facilities that provide abortions with laws governing facilities that provide other office interventions (e.g., office-based surgeries and procedures). The study found that laws targeting abortion provision are more numerous, expansive, and burdensome than laws regulating facilities providing other medical interventions.

The study was based on empirical datasets analyzing Targeted Regulation of Abortion Providers (TRAP) Laws and Office-Based Surgery (OBS) Laws, all now available on LawAtlas.org, the Policy Surveillance Program’s website dedicated to empirical legal datasets. The study of TRAP laws is comprised of three individual datasets: Abortion Facility Licensing (AFL) Requirements, Ambulatory Surgical Center (ASC) Requirements, and Hospitalization Requirements (HR). Detailed descriptions of the TRAP datasets are below.

REGISTER NOW! Will Value-based Care Save the Health Care System?

Will Value-based Care Save the Health Care System?
March 2, 2018 9:00 AM – 5:00 PM
Wasserstein Hall, Milstein East ABC (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Value-based health care is one of the most pressing topics in health care finance and policy today. Value-based payment structures are widely touted as critical to controlling runaway health care costs, but are often difficult for health care entities to incorporate into their existing infrastructures. Because value-based health care initiatives have bipartisan support, it is likely that these programs will continue to play a major role in both the public and private health insurance systems. As such, there is a pressing need to evaluate the implementation of these initiatives thus far and to discuss the direction that American health care financing will take in the coming years.

To explore this important issue, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics is collaborating with Ropes & Gray LLP to host a one-day conference on value-based health care. This event will bring together scholars, health law practitioners, and health care entities to evaluate the impact of value-based health care on the American health care system.

This event is free and open to the public, but seating is limited and registration is required. Register now!

Sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School with support from the Oswald DeN. Cammann Fund and Ropes & Gray LLP.

Institutional Conscience, Individual Conscience

The debate over compulsory coverage for contraception rages on, with Notre Dame changing their policy on coverage for birth control again under Trump executive order allowing them to do so. The university had initially claimed that a requirement mandating them to provide contraceptive coverage was a burden on its exercise of religion, and discontinued coverage last October, before quickly reversing course after a protracted outcry from students, faculty and staff. Over 17,000 people are currently covered by the institution’s insurance plan. The university’s current position is to cut coverage for birth control that the university considers to be inconsistent with Catholic teachings; continuing coverage for ‘simple contraception’ while discontinuing coverage for contraception that ‘kills a fertilized egg’.  

The Affordable Care Act required that insurers cover the cost of contraception without any out-of-pocket costs by the claimant, with exemptions for houses of worships and closely-held for-profits, with the proviso that organisations that wished to avail of the exemption must notify the federal government, who would then contract directly with the insurer to provide unimpeded access to birth control for employees and their dependents. Under Trump administration rules, the exemption has been expanded to include non-profit organizations and for-profit companies, including public corporations, and a separate HHS rule allows similar moral objections for most institutions.

Continue reading

Nicole Huberfeld on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

Subscribe to TWIHL here!

Pod favorite and BU public health and law professor Nicole Huberfeld makes a welcome return. We discuss Medicaid work requirements, lockouts, and health literacy testing, and reflect on the new CMS-imagined Medicaid space. As CMS blows past its traditional guardrails, we ask, what are the limits for post-ACA Medicaid, a tightly controlled welfare benefit rather than universality-enabling health insurance? Are Medicaid work requirements a kind of human subject experimentation, or something even worse?

We review administrative law as we discuss Nicole’s superb commentary on CMS’s authority to accelerate workhouse 2.0. We end our discussion by weighing the possible legal challenges to the recent Section 1115 waiver plans. Also, we try to stay cheerful!

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

NOW HIRING! The Petrie-Flom Center is looking for a new Research and Communications Associate

Duties & Responsibilities

Reporting to the Administrative Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and working closely with the Center’s Executive Director, Faculty Director, and other staff, the Research and Communications Associate will support the Center’s work on its sponsored research programs, as well as the Center’s core administrative needs, with a focus on communications and finance.  The position has three major areas of responsibility: (1) communications; (2) conducting research and publishing under the direction of the Faculty and Executive Directors; (3) other administrative support, including meeting and event support.

The Research and Communications Associate will devote a significant portion of his/her time to scholarly activities in furtherance of the Center’s research agenda, including assisting on sponsored research projects on topics such as, but not limited to, the ethics of translational research, advanced care planning, and personalized medicine. Depending on the Associate’s experience and expertise, he or she may be involved in leading writing projects or in assisting other Center staff through research and collaboration. The Associate is expected to attend and participate in research workshops on health law, bioethics, and biotechnology, and other events designated by the Center. The Associate is also expected to help plan and execute a small number of events in his/her field of expertise during his/her tenure, and to present his/her research in at least one of a variety of forums, including academic seminars, speaker panels, or conferences. The Associate will work closely on a day-to-day basis with the Executive and Faculty Directors on his/her research.  Continue reading

The Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Serious Illness

The Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Serious Illness
April 18, 2018 8:30 AM – 4:30 PM
Wasserstein Hall, Milstein East AB (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Decision aids can be highly-effective tools to promote shared decision making and support patients in becoming engaged participants in their healthcare.  Join us for the first-ever convening with leaders behind a Washington experiment in certifying decision aids, as state officials, health systems, and on-the-ground implementation experts share lessons learned and discuss policy recommendations for national or statewide approaches to decision aid certification.  

Program Overview

Person-centered care presents a unique opportunity to achieve the Quadruple Aim, especially during serious illness when people are the most vulnerable. Building on the work of NQF and others, it is now clear that healthcare purchasers (states, plans, care providers) committed to person-centered care should also be committed to shared decision-making.

A number of policy initiatives have sought to increase the use of decision aids as an effective way to further shared decision making and person-centered care. Washington is the first – and so far only – state to recognize and act on this opportunity by establishing a process to certify decision aids across the health continuum, including during serious illness when people are the most vulnerable. The program will examine the Washington experience and also explore policy barriers for replication of the Washington model at the state and national levels.

This event is free and open to the public, but seating is limited and registration is required. Register now!

This event is part of the Project for Advanced Care and Health Policy, a collaboration between the Petrie-Flom Center and the Coalition to Transform Advanced Care (C-TAC), a non-partisan, non-profit alliance of over 130 national organizations dedicated to being a catalyst to change the health delivery system, empower consumers, enhance provider capacity and improve public and private policies in advanced illness care.

Learn more about the event here!

REGISTER NOW! Will Value-based Care Save the Health Care System?

Will Value-based Care Save the Health Care System?
March 2, 2018 9:00 AM – 5:00 PM
Wasserstein Hall, Milstein East ABC (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Value-based health care is one of the most pressing topics in health care finance and policy today. Value-based payment structures are widely touted as critical to controlling runaway health care costs, but are often difficult for health care entities to incorporate into their existing infrastructures. Because value-based health care initiatives have bipartisan support, it is likely that these programs will continue to play a major role in both the public and private health insurance systems. As such, there is a pressing need to evaluate the implementation of these initiatives thus far and to discuss the direction that American health care financing will take in the coming years.

To explore this important issue, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics is collaborating with Ropes & Gray LLP to host a one-day conference on value-based health care. This event will bring together scholars, health law practitioners, and health care entities to evaluate the impact of value-based health care on the American health care system.

This event is free and open to the public, but seating is limited and registration is required. Register now!

Sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School with support from the Oswald DeN. Cammann Fund and Ropes & Gray LLP.

Jake Sherkow on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

Subscribe to TWIHL here!

We welcome Jacob Sherkow, a law professor at the Innovation Center for Law and Technology, at New York Law School, with affiliations at Columbia University and the University of Copenhagen’s Center for Advanced Studies in Biomedical Innovation Law. Jacob teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation.

Jacob is a prolific scholar, the author of over two dozen articles on these and related topics in both traditional law reviews and scientific journals. (The latest include “Cancer’s IP,” a vital policy intervention.) A scholar capable of both “big picture” and very fine-grained analysis, he is a great guide for bridging the worlds of health care law & policy, and intellectual property. Our conversation begins with an excellent CRISPR primer before traversing some fascinating questions about gene-editing patent litigation around the world, licensing issues, and the broader array of regulatory issues generated by such emerging technologies.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

NEW EVENT! Addiction, Neuroscience, and the Criminal Law: Commonwealth vs. Julie Eldred

Addiction, Neuroscience, and the Criminal Law: Commonwealth vs. Julie Eldred
February 28, 2018 5:15 PM – 7:15 PM
Wasserstein Hall, Room 1023
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Is addiction a disease? And does it matter for the criminal law? The Massachusetts Supreme Judicial Court now faces these questions in the potentially landmark case, Commonwealth vs. Julie Eldred. The Court must decide if it is constitutional for the criminal justice system to require addicted offenders to remain drug free. Is this requirement like asking a patient in cancer remission not to get cancer again? Or is it simply requiring someone to make better decisions? As the country faces an opioid epidemic, the case has drawn national attention.

Join us at Harvard Law School for a conversation with key legal and scientific experts involved in the case. Confirmed participants include: defense attorney Lisa Newman-Polk, and psychologist Dr. Gene Heyman, scientific expert in support of the Commonwealth.

Part of the Project on Law and Applied Neuroscience, a collaboration between the Center for Law, Brain & Behavior at Massachusetts General Hospital and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

Learn more about the event here!

Maps Outlining State Fair Housing Laws, State Landlord-Tenant Laws, and City Nuisance Property Laws are Now Available on LawAtlas

Three new datasets covering housing related laws were published today on LawAtlas.org, the Center for Public Health Research website dedicated to empirical legal datasets. The three datasets are:

Each dataset is publicly available. You can explore the data using the site’s mapping tool that allows you to explore the elements of the law across jurisdictions or download the data as an excel spreadsheet without any cost. Each dataset is accompanied by a codebook, a research protocol, and a summary report.

State Fair Housing Protections

The federal Fair Housing Act, passed as part of the Civil Rights Act of 1968, prohibits discrimination in housing-related transactions for individuals who are members of a protected class — these include race, color, national origin, religion, sex, familial status, and disability. Forty-nine states and D.C. have adopted their own fair housing laws to expand upon these federal protections, such as prohibiting discrimination based on an individual’s sexual orientation, gender identity, or source of income. These laws regulate which protected classes are included, the types of discriminatory actions that are prohibited, and when discrimination is exempt under the law.

Continue reading

NOW HIRING! The Petrie-Flom Center is looking for a new Research and Communications Associate

Duties & Responsibilities

Reporting to the Administrative Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and working closely with the Center’s Executive Director, Faculty Director, and other staff, the Research and Communications Associate will support the Center’s work on its sponsored research programs, as well as the Center’s core administrative needs, with a focus on communications and finance.  The position has three major areas of responsibility: (1) communications; (2) conducting research and publishing under the direction of the Faculty and Executive Directors; (3) other administrative support, including meeting and event support.

The Research and Communications Associate will devote a significant portion of his/her time to scholarly activities in furtherance of the Center’s research agenda, including assisting on sponsored research projects on topics such as, but not limited to, the ethics of translational research, advanced care planning, and personalized medicine. Depending on the Associate’s experience and expertise, he or she may be involved in leading writing projects or in assisting other Center staff through research and collaboration. The Associate is expected to attend and participate in research workshops on health law, bioethics, and biotechnology, and other events designated by the Center. The Associate is also expected to help plan and execute a small number of events in his/her field of expertise during his/her tenure, and to present his/her research in at least one of a variety of forums, including academic seminars, speaker panels, or conferences. The Associate will work closely on a day-to-day basis with the Executive and Faculty Directors on his/her research.  Continue reading

Learning the lessons from patient safety errors of the past

By John Tingle

A common theme found in patient safety reports in England going back as far as the year 2000 is that the NHS (National Health Service) is poor at learning lessons from previous adverse health incident reports and of changing practice. The seminal report on patient safety in England, Organisation with a memory in 2000  stated:

“There is no single focal point for NHS information on adverse events, and at present it is spread across nearly 1,000 different organisations. The NHS record in implementing the recommendations that emerge from these various systems is patchy. Too often lessons are identified but true ‘active’ learning does not take place because the necessary changes are not properly embedded in practice.” (x-xi).

In late 2003 our NRLS (National Reporting and Learning System) was established.This is our central database of patient safety incident reporting. Can we say today that the NHS is actively learning from the adverse patient safety incidents of the past and changing practice? That the NRLS has been a great success? Or is the jury still out on these questions? Unfortunately the jury is still out. Sadly, there is no shortage of contemporary reports saying that the NHS still needs to improve its lesson learning capacity from adverse events.

Continue reading

REGISTER NOW! Ordeals in Health Care: Ethics and Efficient Delivery

Ordeals in Health Care: Ethics and Efficient Delivery
May 10-11, 2018 1:00 PM
Wasserstein Hall, Milstein East (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA
 

Economic ordeals are interventions that deliberately make access to products or services more difficult in an effort to improve resource allocation. In this vein, making patients wait in long lines to schedule an appointment with a specialist might discourage patients with needs that could be met by less qualified personnel from taking up the specialist’s time, thus freeing up time for those with complex needs. Similarly, putting brand-name medications at the bottom of a long list of options on clinicians’ computers might encourage them to prescribe a generic brand listed closer to the top.

Recent research in development economics, behavioral economics, and health policy suggests that some economic ordeals could help target health resources to patients who are more likely to utilize these resources, without the regressive effects of co-pays and other forms of financial participation on the part of patients. However, making health care deliberately less accessible raises ethical challenges. Is it not the case that ordeals discourage utilization by patients with acute needs? Do these ordeals affect some disadvantaged populations disproportionately? And do deliberate obstacles to health resource utilization violate the human right to health?

This workshop will bring together leading scholars in economics, ethics, health policy, public health, medicine, sociology, and law to explore these questions.

This event is organized by Nir Eyal, PhD, Associate Professor of Global Health and Population, Harvard T. H. Chan School of Public Health, and Anders Herlitz, PhD, Visiting Scientist, Harvard T. H. Chan School of Public Health and Researcher, Department of Philosophy, Linguistics and Theory of Science, University of Gothenburg, Sweden.

This event is free and open to the public, but seating is limited and registration is required. Register now!

Co-sponsored by the Harvard T.H. Chan School of Public Health; the Edmond J. Safra Center for Ethics at Harvard University; the Petrie-Flom Center for Health Law, Biotechnology, and Bioethics at Harvard Law School; the Mossavar-Rahmani Center for Business and Government at the Harvard Kennedy School of Government; and the Center for Bioethics at Harvard Medical School, with support from the Oswald DeN. Cammann Fund at Harvard University.

Register for and learn more about the event here!

The Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Serious Illness

The Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Serious Illness
April 18, 2018 8:30 AM – 4:30 PM
Wasserstein Hall, Milstein East AB (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Decision aids can be highly-effective tools to promote shared decision making and support patients in becoming engaged participants in their healthcare. Join us for the first-ever convening with leaders behind a Washington experiment in certifying decision aids, as state officials, health systems, and on-the-ground implementation experts share lessons learned and discuss policy recommendations for national or statewide approaches to decision aid certification.  

Program Overview

Person-centered care presents a unique opportunity to achieve the Quadruple Aim, especially during serious illness when people are the most vulnerable. Building on the work of NQF and others, it is now clear that healthcare purchasers (states, plans, care providers) committed to person-centered care should also be committed to shared decision-making.

A number of policy initiatives have sought to increase the use of decision aids as an effective way to further shared decision making and person-centered care. Washington is the first – and so far only – state to recognize and act on this opportunity by establishing a process to certify decision aids across the health continuum, including during serious illness when people are the most vulnerable. The program will examine the Washington experience and also explore policy barriers for replication of the Washington model at the state and national levels.

This event is free and open to the public, but seating is limited and registration is required. Register now!

This event is part of the Project for Advanced Care and Health Policy, a collaboration between the Petrie-Flom Center and the Coalition to Transform Advanced Care (C-TAC), a non-partisan, non-profit alliance of over 130 national organizations dedicated to being a catalyst to change the health delivery system, empower consumers, enhance provider capacity and improve public and private policies in advanced illness care.

Learn more about the event here!

Culture, Medicine, and Psychiatry

By Yusuf Lenfest

Professor Robert Sapolsky, a professor of biology and neurology at Stanford University, rightly identifies depression as a particularly crippling disease insofar as it affects one’s very response mechanisms and modes of coping, namely, experiences of gratitude, joy, pleasure—at bottom, some of the key emotions of resistance and healing. In discussing depression, he provides an overview of the biological and chemical elements, touching on the role of neurotransmitters (epinephrine, dopamine, serotonin) in depression, and a summary of the psychological elements (and their relation to the biological); as such, his description focuses primarily on physical and biological explanations. However, to examine depression or any psychological illness in purely physical and biological terms misses a crucial element, namely: human culture, lived experience, and the different modes or methods of social thought. Culture plays a primary role in defining many mental disorders such as schizophrenia and psychosis, and even the symptoms, intensities, or typologies of depression, according to Arthur Kleinman in his seminal Writing at the Margin: Discourse Between Anthropology and Medicine.

Despite these findings, Western biomedicine by and large continues to analyze mental health in clinical and biological terms. This is not insignificant given the statistics:

  • Approximately 1 in 5 adults in the U.S.- 43.8 million or 18.5% – experiences mental illness in a given year.
  •  Approximately 1 in 5 youth aged 13–18 (21.4%) experiences a severe mental disorder at some point during their life. For children aged 8–15, the estimate is 13%.
  • Only 41% of adults in the U.S. with a mental health condition received mental health services in the past year. Among adults with a serious mental illness, 62.9% received mental health services in the past year.
  • Just over half (50.6%) of children aged 8-15 received mental health services in the previous year. (National Alliance on Mental Health)

Current trends in medicine suggest that the medical community broadly speaking is ill-equipped to adequately tackle this rising trend, especially with regard to the treatment of diverse patients from various cultures, religions, and social circumstances. To best address the problem, the medical community – both on the level of policy and practice -ought to take steps to understand and treat mental illness more holistically.

Continue reading

Simulated Side Effects: FDA Uses Novel Computer Model to Guide Kratom Policy

FDA Commissioner Scott Gottlieb issued a statement on Tuesday about the controversial plant Mitragyna speciosa, which is also known as kratom. According to Gottlieb, kratom poses deadly health risks. His conclusion is partly based on a computer model that was announced in his recent statement. The use of simulations to inform drug policy is a new development with implications that extend beyond the regulation of kratom. We currently live in the Digital Age, a period in which most information is in digital form. However, the Digital Age is rapidly evolving into an Age of Algorithms in which computer software increasingly assumes the roles of human decision makers. The FDA’s use of computer simulations to evaluate drugs is a bold first step into this new era. This essay discusses the potential risks of basing federal drug policies on computer models that have not been thoroughly explained or validated (using the kratom debate as a case study).

Kratom grows naturally in Southeast Asian countries such as Thailand and Malaysia where it has been used for centuries as a stimulant and pain reliever. In recent years, the plant has gained popularity in the United States as an alternative to illicit and prescription narcotics. Kratom advocates claim it is harmless and useful for treating pain and easing symptoms of opioid withdrawal. However, the FDA contends it has no medical use and causes serious or fatal complications. As a result, the US Drug Enforcement Agency (DEA) may categorize kratom in Schedule I, its most heavily restricted category.

Continue reading

The Conduct of Clinical Trials of Treatments during Public Health Emergencies: A Health Policy and Bioethics Consortium

The Conduct of Clinical Trials of Treatments during Public Health Emergencies: A Health Policy and Bioethics Consortium
February 9, 2018, 12:00 PM
Wasserstein Hall, Room 1010
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

In the past several years, the United States has struggled to respond to viral outbreaks, such as Ebola and Zika.  There is now an awareness of the need to rapidly develop vaccines and treatments for epidemics that can quickly spread from country to country. But questions remain as how to best conduct clinical trials and development of vaccines in the context of an epidemic or outbreak.

Join two health policy experts in examining the appropriate conduct of clinical trials during public health emergencies.

Panelists

  • Susan Ellenberg, Professor Of Biostatistics, Biostatistics And Epidemiology, the Hospital of the University Of Pennsylvania and Director, Biostatistics And Data Management Core, Penn Center For AIDS Research
  • Jason Schwartz, Assistant Professor of Public Health (Health Policy), Yale School of Public Health and Assistant Professor, Program in the History of Science and Medicine, Yale University
  • Moderator: Carmel Shachar, Executive Director, the Petrie-Flom Center, and Lecturer on Law, Harvard Law School

Lunch will be provided. This event is free and open to the public.

Learn more about the Health Policy and Bioethics Consortia.

The Health Policy and Bioethics Consortia is a monthly series that convenes two international experts from different fields or vantage points to discuss how biomedical innovation and health care delivery are affected by various ethical norms, laws, and regulations. They are organized by the Center for Bioethics at Harvard Medical School and the Program On Regulation, Therapeutics, And Law (PORTAL) at Brigham and Women’s Hospital, in collaboration with the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Support provided by the Oswald DeN. Cammann Fund at Harvard University.

Extending the Right to Die to Mature Minors in Canada

By Gali Katznelson

Until February 2016, medical assistance in dying (MAID) in Canada, which encompasses both euthanasia and physician assisted suicide, was prohibited under the criminal code as a form of homicide. This ruling was challenged in Carter v Canada in the Supreme Court and overturned on the grounds that the ruling opposed the Canadian Charter of Rights and Freedoms. In June 2016, MAID became legal in Canada under Bill C-14.

Under this law, a person may receive medical assistance in dying if they meet all of the following criteria:

  • They are eligible for health services funded by a government in Canada
  • They have a grievous and irremediable medical condition. This includes an irreversible state of decline that causes intolerable suffering that cannot be relieved, with a reasonably foreseeable natural death
  • They have made a voluntary request for medical assistance in dying that was not made as a result of external pressure
  • They give informed consent to receive medical assistance in dying after having been informed of other means that are available to relieve their suffering, including palliative care
  • They are at least 18 years of age and capable of making decisions with respect to their health

Continue reading

2018 Petrie-Flom Center Annual Conference: Beyond Disadvantage: Disability, Law, and Bioethics

2018 Petrie-Flom Center Annual Conference: Beyond Disadvantage: Disability, Law, and Bioethics
June 1, 2018 8:00 AM – 5:00 PM
Wasserstein Hall, Milstein East ABC (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

“Congress acknowledged that society’s accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.” Justice William J. Brennan, Jr., School Bd. of Nassau, Fl. v. Arline, 480 U.S. 273 (1987).

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is pleased to announce plans for our 2018 annual conference, entitled: “Beyond Disadvantage: Disability, Law, and Bioethics.” This year’s conference is organized in collaboration with the Harvard Law School Project on Disability.

Conference Description

Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. These justifications include assertions that people with disabilities are biologically defective, less than capable, costly, suffering, or fundamentally inappropriate for social inclusion. Rethinking the idea of disability so as to detach being disabled from inescapable disadvantage has been considered a key to twenty-first century reconstruction of how disablement is best understood.

Continue reading

NOW HIRING! The Petrie-Flom Center is looking for a new Research and Communications Associate

Duties & Responsibilities

Reporting to the Administrative Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and working closely with the Center’s Executive Director, Faculty Director, and other staff, the Research and Communications Associate will support the Center’s work on its sponsored research programs, as well as the Center’s core administrative needs, with a focus on communications and finance.  The position has three major areas of responsibility: (1) communications; (2) conducting research and publishing under the direction of the Faculty and Executive Directors; (3) other administrative support, including meeting and event support.

The Research and Communications Associate will devote a significant portion of his/her time to scholarly activities in furtherance of the Center’s research agenda, including assisting on sponsored research projects on topics such as, but not limited to, the ethics of translational research, advanced care planning, and personalized medicine. Depending on the Associate’s experience and expertise, he or she may be involved in leading writing projects or in assisting other Center staff through research and collaboration. The Associate is expected to attend and participate in research workshops on health law, bioethics, and biotechnology, and other events designated by the Center. The Associate is also expected to help plan and execute a small number of events in his/her field of expertise during his/her tenure, and to present his/her research in at least one of a variety of forums, including academic seminars, speaker panels, or conferences. The Associate will work closely on a day-to-day basis with the Executive and Faculty Directors on his/her research.  Continue reading