Andrea Matwyshyn on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week’s conversation featured Northeastern University School of Law Professor, Andrea Matwyshyn. In addition to her appointment on the law faculty, she is a professor of computer science (by courtesy), and co-director of the law school’s Center for Law, Innovation, and Creativity (CLIC).

An expert on cybersecurity and healthcare, Andrea helped us understand the changing approaches of federal regulatory agencies. We discussed the range of cybersecurity threats, from the science fictional to the all-too-factual scourge of ransomware. We also covered the continued threats from the Internet of Health Things and how the market and policymakers must find ways to reward developers for producing safe and secure code. We ended with a brief discussion (unlikely to be our last) of Blockchain as a security model, given current enthusiasm for algorithmic data management and smart contracts in the health policy space.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Nick Bagley on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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twihl 5x5Joined by Michigan University School of Law Professor Nicholas Bagley, an expert on health law and federalism, we discussed “Federalism and the End of Obamacare,” his recent and extremely thoughtful Yale Law Journal essay. We also talked about the risk corridor payments litigation and wondered whether the insurers will ever get paid. And the ever-popular topic of the CBO came up, as Nick dashed Secretary Price’s hopes of regulating his way to a better score. Be sure to check out Nick’s work at The Incidental Economistand SSRN.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Ann Marie Marciarille on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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twihl 5x5This week’s guest on TWIHL is Ann Marie Marciarille, a professor of law at the University of Missouri-Kansas City (UMKC) Law School. We discuss a brand range of topics, including the post-NFIB Medicaid “gamble,” the concept of the cost-shifting hydraulic, our less-than-rigorous mechanisms for dealing with infectious diseases, the long-tail of the Actavis case, and what happens when your inhaler stops working in the Portuguese Azores (and what that tells us about our drug distribution and pricing models).

Ann Marie has long researched and written on health care regulation and finance, with a particular interest in health care reform. Her articles on Medicaid and health care federalism are important guides to the ACA (and post-ACA) landscape of equity, access, and experimentalism in health policy.

Before joining UMKC, Ann Marie had a long career as health law attorney, including 10 years as a health care antitrust prosecutor for the California Attorney General’s office, and several years as a legal services attorney specializing in health care matters. Her ability to unify both the practitioner and scholarly perspective was evident in our discussions of topics ranging from Medicaid expansion to international drug pricing comparisons. Be sure to follow her blog, Missouri State of Mind, for more scholarship and commentary on vital topics in health law and policy.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Lydia Nicholas on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week we welcome Lydia Nicholas, a Senior Researcher in Nesta’s Collective Intelligence team, who is exploring new forms of knowledge production and problem solving that are emerging from the collaboration of networked publics, institutions and organizations. We focused our discussion on the use and abuse of health data. Lydia is based in the UK, where some recent incidents involving data (including the care.data controversy and Deep Mind’s analysis of records to develop AI diagnostic capacities) have focused discussion on data collection, analysis, and use.Lydia’s work looks at how minds, systems and technologies come together to perform better at cognitive challenges with particular focus on health and patient organisations. Before joining Nesta Lydia worked as a researcher across technology sectors, with particular focus on medical and biological information. She has an MSc in Digital Anthropology and has researched public understanding of Big Data and data collection practices. This expertise enriched our discussion of the quantified self and emerging practices of the “quantified self,” as well as the “metric power” accumulated by those with access to information. Be sure to follow Lydia on Twitter @lydnicholas for more news and views on data ethics and policy.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Joanna Sax and Diana Winters on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week features Diana R. H. Winters and Joanna Sax, law professors at Indiana University McKinney School of Law and California Western School of Law. We discussed how food regulation differs from drugs, devices, supplements, and other goods and services. We also addressed whether there would be a less regulated model going forward after the 21st Century Cures Act and GOP dominance of all three branches of federal government, and most statehouses. GMOs were a frequent topic of conversation, and we concluded with a discussion of the top things practitioners, law students, and law professors should know about food law.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Judy Solomon on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week we discussed the future of the ACA with Judy Solomon of the Center for Budget and Policy Priorities. Judy is Vice President for Health Policy at CBPP, where she focuses on Medicaid and the Children’s Health Insurance Program. She is also an expert on issues related to the implementation of the ACA, particularly policies to make coverage available and affordable for low-income people.

As new alternatives to the ACA emerge, we discussed the wide range of policies that may be in the offing for state Medicaid waivers. CBPP has a fascinating and up-to-date series of posts on the transition from Obamacare to Trumpcare. Follow Judy on Twitter at @JudyCBPP, which includes links to her insightful blog posts and a number of other critical developments in health policy.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Rebecca Dresser on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week features Professor Rebecca Dresser of Washington University. She is the author of Silent Partners: Human Subjects and Research Ethics (Oxford University Press, 2016) and When Science Offers Salvation: Patient Advocacy and Research Ethics (Oxford University Press, 2001), along with many other insightful articles on bioethics and law. Our discussion focused on Silent Partners, including Rebecca’s work’s relevance to current debates on research ethics and informed consent.

Rebecca is a past member of the President’s Council on Bioethics and National Institutes of Health Recombinant DNA Advisory Board. She is a prolific speaker and panelist at national and international symposia, conferences, and workshops on such topics as bioethics and cancer; advance treatment directives; stem cell research; biomedical research policy; and human cloning.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Erin Fuse Brown on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week features Professor Erin C. Fuse Brown of Georgia State University’s College of Law. We discussed her fascinating work on the law & policy of consumer protection in health care, including the new article “Consumer Financial Protection in Health Care.”

Our discussion centered on surprise medical bills (including balance billing),“inscrutable price opacity,” and medical debt collection. This is a difficult area and one that implementers of the ACA have only begun to confront. Looking forward, our consensus was that this increasingly will become the province of “bifurcated” state laws passed under the specter of ERISA preemption–which could leave those in self-insured plans at the mercy of their employers.

For a thoughtful perspective on cutting edge efforts to protect patients from surprise bills and opaque billing, there is no better resource. And be sure to check out her SSRN Page for other important work on ongoing efforts to bend the cost curve in health care and assure more universal access to 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 iTunes, listen at Stitcher Radio, Tunein and 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

Visiting Health Law Position at Indiana University Robert H. McKinney School of Law

The Indiana University Robert H. McKinney School of Law invites applications for a visiting assistant professor position for 2017-18. The position would primarily 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.

Please submit a letter of interest, a cv, and a list of three references to: Vice Dean Antony Page, Indiana University Robert H. McKinney School of Law at page@iu.edu  and Professor Nicolas Terry, terry@iupui.edu. The closing date for applications is Friday, February 24, 2017.

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.

Sam Halabi on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We welcome University of Missouri-Columbia law professor Sam Halabi, who brings a wealth of academic and practical experience to the podcast. He is interested in corporate governance and regulation at both national and international levels. He has edited (with Lawrence O. Gostin and Jeffrey S. Crowley) Global Management of Infectious Disease after Ebola (Oxford University Press, 2017) and his book, Intellectual Property and the New International Economic Order: Knowledge, Exploitation, and Resistance is scheduled for publication by Cambridge University Press in 2018.

We discussed Sam’s article Selling Hospice (among others). Listeners may also be interested in a WaPo series on hospice care. The lightning round focused on past guest Allison Hoffman’s recent post on the seismic shift in the health policy landscape, the 21st Century Cures Act, new SAMHSA rules, and an OCR resolution agreement.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Tim Jost on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week we are honored to have a conversation with Professor Tim Jost from Washington & Lee School of Law. Jost, one of our most prolific scholars and astute commentators, not to mention the rock around which the Health Affairs blog is built, looks back at the successes and failures of the ACA, speculates on some of the reasons for its rocky road, and looks ahead to repeal and replacement.

Jost’s posts at Health Affairs are more urgent than ever as the uncertainty around ACA repeal/replace/delay intensifies. While his work on consumer-directed health care is particularly relevant to today’s policy environment, he has also proposed reforms to strengthen the ACA.

For some notes on items we discussed: Frank mentioned an analysis of Tom Price’s plan to replace the ACA, focusing on the plan to “block grant $1 billion dollars a year for four years (or $2.2 million per Congressional District per year) to help states fund high risk pools.” Jost mentioned a Commonwealth Fund report suggesting that amount is not even within two orders of magnitude of the true cost of such pools (at least $100 billion). But at least some people will truly benefit from ACA repeal: the 400 highest-income households each “would get an average tax cut of about $7 million a year,” according to CBPP.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Naughty or Nice 2016? on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Here it is! Naughty or Nice 2016?, our irreverent but also quite serious annual survey of who or what has been nice or naughty in health law and policy during the last year. Our experts make some great picks and dig deep into the underlying policy coal and candy. Plus, of course, our “surprise” bonus round as we pick who we would like to welcome singing carols outside our homes! Enormous thanks to our guests: Glenn CohenNicole HuberfeldElizabeth Weeks LeonardJessica Roberts, and Lindsay Wiley.

And a very happy holiday season to all our listeners. See you in ’17!

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 iTunes, listen at Stitcher Radio, Tunein and 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

Zack Buck on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week’s podcast features conversation with University of Tennessee Professor Zack Buck. His recent research suggests an interesting fiduciary approach to dealing with the problem of over-treatment and also ponders the best way to deal with the “financial toxicity” that results from related phenomena.

Zack’s work is archived at SSRN. He has creatively approached the problem of overtreatment in a series of articles, focusing on ways that health care finance and regulation can be reformed in order to better calibrate incentives for optimal care. His work includes “Furthering the Fiduciary Metaphor” and “Caring Too Much: Misapplying the False Claims Act to Target Overtreatment.”

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 iTunes, listen at Stitcher Radio, Tunein and 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

Richard Saver on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We are joined by UNC law professor Richard Saver, who presents his new research on the Sunshine Law that was part of the ACA. His findings are fascinating, and inevitably led to a broader discussion of the worth of transparency-based regulation.

We mentioned the work of many past show guests, including Charles Ornstein’s great project on “Dollars for Doctors” at ProPublica, Kristin Madison’s analysis of how information-based regulation works, Nathan Cortez on agency publicity, and Bill Sage’s work on disclosure as a regulatory strategy. Frank asked some questions based on an article on big data in medicine, and his book The Black Box Society. And some final thoughts from danah boyd, offered in another context: transparency is not enough, and transparency ≠ accountability.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Jordan Paradise on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Loyola Chicago law professor Jordan Paradise joins us to discuss some of her recent work in life sciences law. Jordan’s recent interests span nanotechnology, synthetic biology, precision medicine, gene editing, and electronic cigarettes.  Her publications have appeared in both peer-reviewed and legal publications.

We start with a review of some of the regulatory issues involving e-cigarettes, and discuss the 2016 FDA regulations. We then move into a discussion of FDA regulation of biologics and biosimilars and Jordan explains naming and substitution issues.

Jordan’s recent publications include research on how the FDA could regulate e-cigarettes, strategic misuse of risk evaluation and mitigation strategies (REMS), and cutting edge developments in the law of biosimilars.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Jill Fisher on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our guest this week is Jill A. Fisher, Ph.D., Associate Professor of Social Medicine at UNC-Chapel Hill. Jill is a social scientist with a Ph.D. in Science and Technology Studies from Rensselaer Polytechnic Institute and expertise in medical sociology. Her research interests include social studies of the pharmaceutical industry, clinical trials, political economy, healthcare and social inequalities, and research ethics.

Our lightning round discussed Timothy Jost’s go-to piece on the election, “Day One And Beyond: What Trump’s Election Means For The ACA.” Sarah Kliff also writes on four routes to repeal.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Russell Korobkin on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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twihl 5x5For our Diamond Podcast, our guest is Russell Korobkin, Vice Dean and Richard C. Maxwell Professor of Law at UCLA School of Law, where he teaches ContractsNegotiation and Health Care Law. Russell has published more than 50 law journal articles in the fields of behavioral law and economics, negotiation and alternative dispute resolution, contract law, the health care law and stem cell research, and has also published several books.

In the lightning round, Nic focused on the AARP’s challenge to wellness programs, and further empirical research on the Oregon experiment. Frank discussed news coverage of past guest Ameet Sarpatwari’s work, and a study on the use of scribes to promote better data gathering and analysis (and relieve physician burnout). Continue reading

Larry Singer on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our guest this week is Larry Singer, Professor of Law and Director of the Beazley Institute for Health Law and Policy at Loyola University Chicago.  Professor Singer is a nationally recognized expert on legal and strategic issues surrounding the organization of health care institutions. He has served as chair of a national health care system, and a board member of various charitable organizations. He has been inducted as a Fellow in the Institute of Medicine of Chicago.

For the lightning round, Nic covered a European decision on personally identifiable data, a Becker’s piece on MACRA agonistes, a critical take in JAMA on AI diagnostics, and an Indiana case concerning the chargemaster’s role in billing disputes. Frank addressed a Harvard Study on unaffordable cost sharing as a tool of discrimination, the trend toward polypharmacy, and counter-efforts to reduce excessive prescriptions. He also mentioned battles over pharmacist provider status and Medicaid’s equal access provision.

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Allison Hoffman on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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We start with a special request to TWIHL listeners this week: please consider donating to Partners in Health’s Haitian hurricane relief efforts. It’s always a good time to donate to PIH.org, but especially now, in the wake of apocalyptic levels of destruction. In the southwest peninsula, over one million people are cut off from food, clean water, and medical care.

Our guest this week is Allison Hoffman, Professor of Law at UCLA School of Law and an expert in health care law and policy.  Professor Hoffman’s work examines the Affordable Care Act, Medicare and retiree healthcare expenses, and long-term care.  We discussed Allison’s recent work on long-term care, including the soon-to-be-published piece “Reimagining the Risk of Long-Term Care,” in the Yale Journal of Health Policy, Law, and Ethics. This is a particularly important topic in the wake of the collapse of the CLASS Act–an infrequently-lamented but very important shortcoming of the ACA.

Our lightning round was a veritable derecho of regulatory detail, addressing the Teladoc case, arbitration travails in nursing homes (and a rule designed to end some of them), HHS guidance on HIPAA and cloud computing, ONCHIT on data blocking, the politics of physicians, and Kansas’s asset verification debacle.

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 iTunes, listen at Stitcher Radio, Tunein and 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

Lisa Ikemoto on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our guest this week is Lisa C. Ikemoto, the Martin Luther King, Jr. Professor of Law at UC Davis Law School. Lisa has written on specimen management, stem cell research, and many other topics in bioethics and health law and policy.

Our conversation included Lisa’s important insights on ways that race and gender mediate access to and impacts of biomedical technology use and health care.  Her recent work addresses reproductive tourism, the ways in which human gamete use links the fertility and biotechnology industries, and the privatizing effects of informed consent.  Lisa is a Bioethics Associate of the U.C. Davis Health System Bioethics Program, and a Faculty Associate of the U.C. Davis Center for Science and Innovation Studies.

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 iTunes, listen at Stitcher Radio, Tunein and 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