Wendy Mariner on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week features a welcome return to the pod by Boston University health law professor Wendy Mariner. The three of us present an expanded “lighting round.” We discuss the almost-gone individual mandate, Murray-Alexander, deficit hawks targeting Medicare, the ramifications of the CVS-Aetna merger, the CMS Guidance on the contraceptive services opt-out, and a new health security settlement out of California.

Frank also mentions Centene as a potential kingpin of further health care consolidation, and his testimony before Congress on Nov. 30. TWIHL may well be the only podcast on earth to have both co-hosts before the House Energy & Commerce Committee the same year. So be sure to subscribe! And Frank welcomes AALS attendees to a panel on health law in San Diego on January 4. “From Obamacare to Trumpcare: The Future of American Healthcare” will be 10:30am – 12:00pm at the San Diego Marriott Hotel & Marina, Pacific Ballroom 22, North Tower/Level 1.

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.

Leo Beletsky on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week features another return visit from Leo Beletsky, our friend and Northeastern University School of Law professor. Leo is a fearless critic of misguided approaches to the opioid crisis. His take is far more nuanced, using a public health frame to understand the crisis and employing evidence-based analysis to determine appropriate responses. Our wide-ranging conversation included analysis of attempts to combat crisis though law enforcement and interdiction, the inapplicability of the “vector” epidemic frame to opioids, and primary, secondary, and tertiary public health interventions.

We briefly mentioned Frank’s talk in Berlin at the Friedrich Ebert Stiftung (the think tank of Germany’s Social Democratic Party) discussing the interaction of black hat search engine optimization and addiction rehab referral.

Our lightning round discussed the latest legislative attacks on the ACA (this time through a potential individual mandate repeal), as well as some additional health policy issues.

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.

Vinay Prasad on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Renowned hematologist-oncologist, researcher, and writer Vinay Prasad joins us to discuss his views on modern clinical and research practice. A prolific scholar, Prasad has been upending conventional wisdom for years. We discuss the effectiveness (or not) of cancer screening, a more realistic take on the cancer moonshot, and continual conflicts of interest issues in medicine. Be sure to follow Vinay on Twitter @VinayPrasad82.

Our lightning round focused on work requirements for Medicaid (and 1115 waivers in general), scoring the individual mandate, the alchemy of precious metal tiers in an age of Trump, and why the shopping metaphor is so misguided in health care.

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.

Spencer Waller on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We welcome Loyola University Chicago Professor Spencer Weber Waller, who brings his extraordinary acumen on both competition and consumer law issues to bear on healthcare markets in this week’s episode. Our discussion centers on Professor Waller’s recent essay on health care antitrust. The key issue is whether healthcare antitrust is (or should be) another example of healthcare exceptionalism, or whether transubstantive principles should govern.

Our discussion ranges from competing models of antitrust theory to remedies and enforcement and healthcare “snowflakes”–unique situations that merit exceptional treatment. The ultimate issue is whether antitrust authorities should continue to try to create markets in health care, or should accept a public utility model of regulation closer to the approach of most other advanced industrial democracies.

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.

Amanda Pustilnik on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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First off, an urgent appeal: please consider donating to chef José Andrés, who is feeding tens of thousands of victims of Hurricane Maria in Puerto Rico. Donation link is here.

We have a particularly brainy episode this week, as we host Amanda Pustilnik, a Professor of Law at the University of Maryland whose research includes work on models of mind in criminal law, evidentiary issues presented by neuroscientific work on memory, and the role of pain in different legal domains. Amanda has also served as a Senior Fellow in Law & Neuroscience of the Center for Law, Brain & Behavior at Massachusetts General Hospital. She recently co-authored the Nature article “Brain imaging tests for chronic pain: medical, legal and ethical issues and recommendations.” She also organized a 2015 symposium here on Bill of Health, titled “Pain on the Brain.” Amanda is a recognized leader in the emerging area of Neuroscience and the Law. Our conversation includes a primer on the area and a discussion of criminal responsibility and the measurement of chronic pain.

Our lightning round concentrates on the current proposals and counter proposals surrounding the workings of the insurance exchanges and we take a close look at Iowa’s challenging individual insurance market. We also covered other health news. Links include: 1) an ongoing public health disaster in Puerto Rico, 2) the imploding Iowa ACA exchanges (and Iowa’s withdrawal of a waiver proposal that would have gutted the ACA there), 3) are AHPs the Trump University of health insurance?, and 4) sequelae of the opioid epidemic: HIV and hepatitis C.

Listen here, and be sure to rate the show on iTunes! 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.

Michelle Mello on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week’s guest is Michelle M. Mello, Professor of Law and of Health Research & Policy at Stanford University. She is the author of more than 150 articles and book chapters on the medical malpractice system, medical errors and patient safety, research ethics, regulation of pharmaceuticals, legal interventions to combat obesity and noncommunicable disease, and other topics.

Our conversation focused on her recent work on medical apologiescommunication-and-resolution programsoverlapping surgery (which refers to operations performed by the same primary surgeon such that the start of one surgery overlaps with the end of another), reconciliation after medical injury, and the influence of the malpractice environment on care patterns.

The lightning round featured a tour of the many facets of synthetic ACA repeal: CHIP delay, health budget slashing, zombie reconciliation, marketing budget cuts, inexplicable “maintenance” efforts that bring down HealthCare.gov for 12 hours a day at peak sign up periods, the Trump EO on association health plans, and the suspension of CSR payments. As Nancy LeTourneau reports, “synthetic repeal won’t be scored by CBO and has tossed aside any attempt to replace the law. That means that the results could be even more disastrous for the American people.”

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.

Alta Charo on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week we are joined by R. Alta Charo, the Warren P. Knowles Professor of Law and Bioethics at the University of Wisconsin at Madison.  Alta has also has served on the faculty of the UW Masters in Biotechnology Studies program and the Dept. of Medical History and Bioethics at the School of Medicine & Public Health at the University of Wisconsin.

Alta has written for JAMA and NEJM on stem-cell tourism (and its lessons for gene editing), among many other topics, applying her expertise on law & medical technology to a wide array of cutting edge controversies. Our conversation focuses on risk perception and reality in areas ranging from CRISPR-Cas9 (the breakthrough gene-editing technique) to teen pregnancy and reproductive health services. A distinguished scholar and top-level advisor to government and NGOs, Alta offers invaluable insights on a rapidly changing technological and political landscape.

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

Adam Gaffney on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Adam Gaffney, physician, writer, public health researcher, and healthcare advocate joins us to discuss the “right to health” in all its manifestations, and the slow crawl of U.S. healthcare toward universalism and single-payer. It’s a broad-ranging discussion, touching on law, human rights, political discourse, and economics.

A brief “lightning” round focuses on the exposure of Facebook’s ethos and healthcare consolidation and concentration, with a brief mention of zombie repeal and replace efforts and the Senate HELP’s September 12th bipartisan exchange stabilization hearing. (Frank was also in the Senate that day, but at a different hearing.)

Adam W. Gaffney is Instructor in Medicine at Harvard Medical School, and a staff physician at the Division of Pulmonary and Critical Care Medicine at the Cambridge Health Alliance (CHA), an organization with a longstanding commitment to community health and the health of the underserved. He is author of To Heal Humankind: The Right to Health in History (Routledge, 2017).

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

Lewis Grossman on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We talk with Lewis A. Grossman, a professor of law at American University and Of Counsel at Covington & Burling. Lewis is on sabbatical during academic year 2017-18, serving as a Law and Public Affairs (LAPA) Fellow at Princeton University. He teaches and writes in the areas of American legal history, food and drug law, health law, and civil procedure. He has also been a Visiting Professor of Law at Cornell Law School.

Our Lightning Round touches on nursing home arbitration (resources herehere, and here), the decline in the number of FDA warning letters, EEOC wellness program regulationsingle payer, and the resilience of the exchanges.

Our conversation with Lewis focused on the history of empowered patients and American health libertarianism. Activists played a major role, as his fascinating article AIDS Activists, FDA Regulation, and the Amendment of America’s Drug Constitution shows.

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

Julia Powles on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We talk with legal scholar and journalist Dr. Julia Powles. At Cambridge, Julia was associated with the Centre for Law, Medicine and Life Sciences and Centre for Intellectual Property and Information Law, and a Research Associate of the Faculty and Computer Laboratory. She is now a Research Fellow at Cornell Tech and NYU Law School, in New York City.

Julia has done some deep dives into dubious methods of data acquisition by Google, focusing on Google subsidiary Deep Mind’s NHS data grab. Our conversation starts with Hal Hodson’s reporting on Deep Mind for the New Scientist. Julia explains the findings of the Information Commissioner and the subtle intersection of the Data Protection Act 1998 and the “boot out” to the Caldicott Guidelines. The relevance to the U.S. is confirmed with discussions of the “first mover” advantages in establishing data market power, the problems associated with the privatization of public health data, and the “transparency paradox” associated with big data companies.

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

Tenure-Track/Tenured Health Law Position at IU McKinney

The Indiana University Robert H. McKinney School of Law invites applications for a tenure-track/tenured faculty position. We invite applications from entry-level and experienced scholars. The position primarily would involve teaching courses in the Health Law curricula and participation in the scholarly and student-centered activities organized by the law school’s Hall Center for Law and Health.

Applicants should indicate what Health Law courses they could offer and any additional courses they would be interested in teaching. Interested candidates should submit their application (cover letter, CV including three references, and writing sample) at https://indiana.peopleadmin.com/postings/4442

All applications received by September 25, 2017, will receive full consideration.

We are committed to achieving excellence through intellectual diversity and strongly encourage applications from persons of color, women, persons with disabilities, the LGBT community, veterans, and members of other groups that are under-represented on university faculties. The law school is an Equal Opportunity/Affirmative Action Institution and offers domestic partner benefits.

Back To School Special Part 2 on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our annual Back To School Special returns in time for a new semester. In this second part, we welcome TWIHL All-Stars Erin Fuse BrownZack Buck, and Jessica Roberts. In this part, topics included state health laws in the time of Trump, price and cost issues, ERISA, MIPS, a fraud and abuse case to watch, and genetic “property” statutes.

We ended with some general thoughts about what we learned from the reform and repeal saga of the past seven months. In the spirit of the Sage of Baltimore, H.L. Mencken, Frank recommended Gabriel Lenz’s Follow the Leader as a reflection on the limits of democracy. And be sure to follow our guests who are on Twitter at @efusebrown and @jrobertsuhlc.

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

Back To School Special Part 1 on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our annual Back To School Special returns in time for a new semester. In this first part we welcome TWIHL all-stars Nick Bagley, Micah Berman, Glenn Cohen, and Nicole Huberfeld. Our conversations covered a lot of ground including CSR payments, House v. Price, gene editing, the Trump administration’s approach to regulation, healthcare federalism, and the future of waivers under CMS’s new management. Our guests on Twitter include @MicahLBerman, @CohenProf, and @nicholas_bagley.

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

Erika Lietzan on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week’s TWIHL is a deep dive into pharmaceutical patent protection and its intersection with the FDA new drug approval process. We touch on molecular drugs, biosimilarsdata exclusivity, market exclusivity, the runway to generics, and fascinating differentials between different drug types or families. This is an intensely complex area and we were glad to have the benefit of a truly expert guide, Erika Lietzan, Associate Professor of Law at the University of Missouri, @lietzan on Twitter, and author of the blog Objective Intent, which explores legal and policy issues associated with the FDA.

Erika was a partner at Covington & Burling, and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010 (creating a pathway for approval of biosimilars), from initial thinking as early as 2002 through negotiation of the primary legislative language in 2006 and 2007, passage in 2009, and enactment in 2010. After enactment she co-authored a comprehensive “legislative history” of this process in the Food and Drug Law Journal. She also worked with individual companies and trade associations on implementation issues from 2010 through 2014.

Erika is an elected member of the American Law Institute, serves in the leadership of the Food & Drug Law Institute and served for many years in the leadership of the Science and Technology Section of the American Bar Association. She is also an active member of the American Health Lawyers Association, the American Intellectual Property Law Association, and the American Society of Law, Medicine, and Ethics.

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

Ameet Sarpatwari and Aaron Kesselheim on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Two of the nation’s leading researchers into prescription drug costs join us for an in-depth exploration of the reasons for our high and increasing drug bill, and a critical analysis of some of the investment, transparency, value, and outcomes-based metrics being used to determine fair prescription drug costs. Ameet Sarpatwari is an Instructor in Medicine at Harvard Medical School and an Associate Epidemiologist at Brigham and Women’s Hospital based in the Program On Regulation, Therapeutics, And Law (PORTAL) within the Division of Pharmacoepidemiology and Pharmacoeconomics, and Aaron S. Kesselheim is PORTAL Director and Associate Professor of Medicine at Harvard Medical School, and Research Associate at Harvard’s T.H. Chan School of Public Health. During the program, Frank mentioned the book-in-progress Infection: The Health Crisis in the Developing World and What We Should Do About It, by William W. Fisher III and Talha Syed, in the context of a discussion of drug importation, reflecting concerns he expressed in a 2009 article.

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

Prime Health: Should Amazon Purchase a Hospital Chain?

Cross-posted from Medium.

By Nicolas Terry

The devotees of digital health and disruption recently lit up the Internet after reports that Amazon had deployed a secret health tech team codenamed 1492 (presumably a reference to healthcare visionary Columbus). The real surprise would be if Amazon did not have such a team in place. Other tech companies, Alphabet, Apple, IBM, Samsung, et al, understand that, while a latecomer to technologies, future healthcare will be data-driven and that there will be multiple opportunities to sell cloud storage, analytics services, and immodestly-priced wearables.

But, let’s pose a far more interesting question. What if Amazon decided to go beyond participating in upstart digital health with its interest in wellness, and took a swing at traditional healthcare and sickness? What, in other words, if Amazon purchased a hospital chain or network? Let’s assume that “1492” is the internal code name for Prime Health. On its face, the idea of what only a few years ago was just an online bookseller entering the healthcare field seems ridiculous. After all, healthcare is more complicated by several orders of magnitude than any other industry. Also, healthcare is particularly hard for outsiders to disrupt due to intrinsic market failures, overarching structural issues, the illiquidity of healthcare data, provider and patient heterogeneity, underperforming HIT technologies, third-party reimbursement, and so on. Saliently, healthcare is not about warehousing hard goods and distributing them with AI-based logistics. Rather, healthcare is all about bricks-and mortar facilities, services more that goods, face-to-face interactions, neighborhoods, customer needs that cannot be left to “spoil,” and a “last mile” problem that is incredibly hard to solve with technology. In other words, it’s quite like selling groceries. However, here’s the thing, Amazon recently purchased the upscale grocery chain Whole Foods for $13.4 Billion! Continue reading

Wendy Epstein on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our guest this week is Wendy Netter Epstein, who is an Associate Professor of Law at DePaul University, and Faculty Director of DePaul’s Jaharis Health Law Institute. Her teaching and research interests focus on health care law and policy, contracts, and commercial law. Professor Epstein has won Excellence in Teaching Awards from both DePaul University and the College of Law. We discussed some of her research on contract law and health care, including “The Health Insurer Nudge.”

The lightning round this week included a discussion of institutional liability, and divergent paths for antitrust (the Obama/Trump emphasis on professions and occupational licensure, or the Better Deal focus on mergers). Recalling our conversations with Guian McKee and Jessica Mantel, we also discussed the macroeconomic impact of health care institutions. Obamacare certainly helped Detroit, but Dan Diamond worries that the Cleveland Clinic (and many other hospitals) are not providing levels of community benefit high enough to justify their tax exemption.

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

Claudia Pagliari on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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On another international episode of the Pod we chat with Claudia Pagliari, Senior Lecturer in Primary Care and Informatics and Director of Global eHealth at Edinburgh University in the UK. A psychologist by training she is an internationally recognized expert in health informatics. Our broad-ranging discussion touched on digital technology for health sector governance in low and middle income countries, drug advertising rules (including in Zimbabwe), DTC genetic tests and informed choice, medical app curation, and transatlantic perspectives on data sharing.

Speaking of curation–aside from her prolific, far-ranging, and insightful scholarship, Claudia also aggregates a great deal of interesting perspectives on digital health & society, theory, design, policy, evaluation, innovation, ethics, on Twitter at @EeHRN. Be sure to follow her there!

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

An All Lightning Round ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Frank and Nic internalize their travel issues and try to get to grips with some of the recent stories from healthcare land. Among the stories we discuss are the UK Information Commissioner’s report on the Royal Free – Google DeepMind trial, US-EU competition policy (another Google case), a class action in Alaska involving a DTC genetic service that is butting heads with a very strongly worded state statute, the opioid crisis seen through a litigation lens, and our latest thoughts, rants, and questions about health reform/repeal including the latest on the three-legged stool and cost-sharing subsidies.

As for Google DeepMind, we start with a discussion of how Google DeepMind trial failed to comply with data protection law. We discuss Google’s larger problems with the EU Competition and Franks’s response to US skepticism about the case. Continue reading

Leslie Francis and John Francis on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Two very special guests and the Pod’s first power couple interview. This week we talk with Leslie P. Francis and John G. Francis about their new book, Privacy: What Everyone Needs to Know. Leslie Francis is a professor of law and a professor of philosophy at the University of Utah, and John Francis is a research professor in the Political Science Department, also at the University of Utah.

Leslie is one of our leading privacy scholars and John is an expert in comparative politics and regulatory policy, ethics, and data policy. We explored privacy theory, how privacy differs between economic domains, and the relative benefits of consent, use, and delinking regulation.

As the Francises explain, “A great deal is at stake for individuals, groups, and societies if privacy is misunderstood, misdirected, or misused. Popular understanding of privacy doesn’t match the heat the concept generates. With a host of cultural differences as to how privacy is understood globally and in different religions, and with ceaseless technological advancements, it is an increasingly complex topic.”

We cover several areas of health privacy, and also zoom out and consider health data in the context of other recent controversies in data protection and management (such as the right to be forgotten). The Francises seamlessly weave together legal, philosophical, bioethical, and regulatory perspectives on privacy while providing direct yet nuanced answers to common questions about it. We hope TWIHL listeners will enjoy this conversation, and check out the book!

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