Nicole Huberfeld | Profiles RNS

Nicole Huberfeld, JD

Edward R Utley Professor in Health Law

Boston University School of Public Health

Dept of Health Law, Policy & Management

Center for Health Law, Ethics & Human Rights

JD, Seton Hall University

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ORCID : 0000-0001-9206-2257

Nicole Huberfeld is Edward R. Utley Professor of Health Law at the School of Public Health and Professor of Law at the School of Law. Her scholarship focuses the cross-section of health law and constitutional law with emphasis on health reform, federalism in health care (especially Medicaid), and the federal spending power. She authored the first new casebook on health care law in a generation, The Law of American Health Care, with Elizabeth Weeks of the University of Georgia School of Law, and Kevin Outterson, executive director of CARB-X and N. Neal Pike Scholar in Health and Disability Law at BU Law, now in its second edition. She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019).

Huberfeld’s article, Federalizing Medicaid, was cited by the US Supreme Court in the first Affordable Care Act case, NFIB v. Sebelius. Her work also has been cited by the Delaware Supreme Court, federal district courts, and in briefs to the US Supreme Court. She published a major five-year study in Stanford Law Review tracking the federalism elements of the implementation of the ACA (with co-author Abbe Gluck, Professor of Law and Director of the Solomon Center for Health Law and Policy at Yale Law School) and has published in national and international journals including Stanford Law Review, New England Journal of Medicine, Harvard Law & Policy Review, Boston College Law Review, Yale Journal of Health Policy, Law & Ethics, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, Health Affairs, and Vanderbilt Journal of Entertainment & Technology Law. She has been interviewed by numerous media outlets, including Congressional Quarterly, Washington Post, New York Times, NPR, Huffington Post, National Law Journal, Mother Jones, Law 360, Politico, Vice News, and Modern Healthcare.

In 2019, Huberfeld won the Excellence in Teaching Award (for teaching in the Core) at BU School of Public Health.

Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, health care organizations and finance, bioethical issues in the law, and a health law and policy seminar at the University of Kentucky College of Law and was a Bioethics Associate at the College of Medicine. Huberfeld won the UK College of Law Duncan Teaching Award in 2008. Previously, she taught at Seton Hall University School of Law as well as created and directed the health care compliance certification program there. Huberfeld also practiced health law in New York and New Jersey before entering academia.

Professor
Boston University School of Law

Member
Boston University
Evans Center for Interdisciplinary Biomedical Research

Publications listed below are automatically derived from MEDLINE/PubMed and other sources, which might result in incorrect or missing publications. Faculty can login to make corrections and additions.

iCite Analysis Copy PMIDs To Clipboard

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

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

Jones, David
Huberfeld, Nicole

PMID: 32955558

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

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

Nicole Huberfeld. A Cross-Cutting Public Law Scholar for the Ages. University of Chicago Law Review. 2021; 88:1651.
Danielle Pelfrey Duryea, Nicole Huberfeld, Ruqaiijah Yearby. Chapter 1 Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers in Health Law Watch. 2021; 1.
Nicole Huberfeld & Sidney Watson. Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies in COVID-19 POLICY PLAYBOOK II: LEGAL RECOMMENDATIONS FOR A SAFER, MORE EQUITABLE FUTURE. 2021.
Nicole Huberfeld. Health Equity, Federalism, and Cannabis Policy. Boston University Law Review. 2021; 101:897.
Nicole Huberfeld. Medicaid Waivers, Administrative Authority, and the Shadow of Malingering. Journal of Law, Medicine & Ethics. 2021; 49:394.
Nicole Huberfeld. HARVARD LAW BILL OF HEALTH. Possibilities and Pitfalls of Health Reform Through Budget Reconciliation. 2021.

Showing 10 of 62 results. Show More

Paul R. Shafer, Nicole Huberfeld. Health Care in the Biden Administration’s First 100 Days. JAMA Health Forum. 2020. View Publication

Huberfeld N, Gordon SH, Jones DK. Federalism Complicates the Response to the COVID-19 Health and Economic Crisis: What Can Be Done? J Health Polit Policy Law. 2020 12 01; 45(6):951-965.View Related Profiles.

Jones, David
Huberfeld, Nicole
Gordon, Sarah

PMID: 32464666

Huberfeld N, Watson S, Barkoff A. Struggle for the Soul of Medicaid. J Law Med Ethics. 2020 09; 48(3):429-433. PMID: 33021181

Nicole Huberfeld & Paul Shafer. THE CONVERSATION. While the US is reeling from COVID-19, the Trump administration is trying to take away health care. 2020. View Publication

Jones DK, Gordon SH, Huberfeld N. Have the ACA's Exchanges Succeeded? It's Complicated. J Health Polit Policy Law. 2020 08 01; 45(4):661-676.View Related Profiles.

Jones, David
Huberfeld, Nicole
Gordon, Sarah

PMID: 32186335

Nicole Huberfeld & Michael Stein. The Hill. A straightforward solution to the newly uninsured. 2020. View Publication
Paul R. Shafer, Nicole Huberfeld, Ezra Golberstein. Medicaid Retroactive Eligibility Waivers Will Leave Thousands Responsible For Coronavirus Treatment Costs. Health Affairs Blog. 2020. View Publication
Sarah H. Gordon, David K. Jones, Nicole Huberfeld. What Federalism Means for the US Coronavirus Disease Response. JAMA Health Forum. 2020. View Publication
Nicole Huberfeld. The Hill. Medicaid block grants would gut law and cut care. 2020. View Publication
Nicole Huberfeld. Is Medicare for All the Answer? Assessing the Health Reform Gestalt as the ACA Turns 10. Houston Journal of Health Law & Policy. 2020; 20.
Abbe R. Gluck & Nicole Huberfeld. THE TRILLION DOLLAR REVOLUTION: HOW THE AFFORDABLE CARE ACT TRANSFORMED POLITICS, LAW, AND HEALTH CARE IN AMERICA. Federalism under the ACA: Implementation, Opposition, Entrenchment. 2020; Chapter 10.
Nicole Huberfeld & Sidney Watson. ASSESSING LEGAL RESPONSES TO COVID-19. Medicaid’s Vital Role in Addressing Health and Economic Emergencies. 2020. View Publication
Rachel Sachs, Nicole Huberfeld. The Problematic Law and Policy Of Medicaid Block Grants. Health Affairs Blog. 2019.
Nicole Huberfeld. Texas v. U.S.: Another Day, Another Threat to the Affordable Care Act. American Constitution Society Blog. 2019. View Publication

Huberfeld N. Epilogue: Health Care, Federalism, and Democratic Values. Am J Law Med. 2019 May; 45(2-3):247-252. PMID: 31722635

Gluck AR, Huberfeld N. Health Care Federalism and Next Steps in Health Reform. The Journal of Law, Medicine & Ethics. 2019; 46(4):841.
Huberfeld N. Harvard Law & Policy Review. Rural Health, Universality, and Legislative Targeting. 2019.
Huberfeld N, Mariner W, Annas G, Ulrich M. Public Health Law, 3rd Edition. Carolina Academic Press. Durham, NC. 2019.
Huberfeld N. Holes in the Safety Net: Federalism and Poverty. Federalism in Health Care Reform. Cambridge University Press. 2019; 197-214.

Huberfeld N. Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment. Public Health Rep. 2019 Mar/Apr; 134(2):197-200. PMID: 30592901; PMCID: PMC6410474; DOI: 10.1177/0033354918818432;

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

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

Huberfeld N, Gluck A. Indiana Health Law Review. Measuring the New Health Care Federalism on the Ground. 2018; 15.
Nicole Huberfeld David K. Jones Edward Alan Miller. National Federation of Independent Business v. Sebelius, Encyclopedia of Federalism. 2018.
NFIB v. Sebelius at 5, 11 University of St. Thomas Journal of Law and Public Policy. 2018.
Huberfeld N, Weeks E, Outterson K. The Law of American Health Care (2nd edition). 2018.
Huberfeld J. Instrumental and Transformative Medical Technologies. Vanderbilt Journal of Entertainment & Technology Law. 2017; 19(267).
Huberfeld N, Roberts J. Health Care and the Myth of Self-Reliance. 57 B. C. L. REV. 1. 2016.

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

Huberfeld N. The universality of Medicaid at fifty. Yale J Health Policy Law Ethics. 2015; 15(1):67-87. PMID: 25876374

Huberfeld N, Roberts J. An Empirical Perspective on Medicaid as Social Insurance. 2015.
Huberfeld N, Roberts J. Medicaid Expansion as Completion of the Great Society. 2014. View Publication
Huberfeld, N. Int'l Encyclopedia of Social & Behavioral Science. Health Care: Legal Issues. 2014.
Huberfeld N. Dynamic Expansion. Elsevier SSRN. 2013. View Publication
Huberfeld N. Where There Is a Right, There Must Be a Remedy (Even in Medicaid). 2013.
Huberfeld N. With Liberty and Access for Some: The ACA’s Disconnect for Women’s Health. 2013.
Huberfeld N. Heed Not the Umpire (Justice Ginsburg Called NFIB). 2013.
Huberfeld N, Leonard EW, Outterson K. Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius. 2013.
Huberfeld N. Problems in Health Care Law. Reproductive Rights (Chapter 14). 2013.
Huberfeld N. Feminist Constitutionalism. Federal Spending and Compulsory Maternity. Cambridge University Press. 2012.

Huberfeld N. Post-reform Medicaid before the court: discordant advocacy reflects conflicting attitudes. Ann Health Law. 2012; 21(3):513-40, i. PMID: 23156198

Huberfeld N. Challenging the Stakeholders: A Review of Laura Katz Olson. 2012.
Huberfeld N. Federalizing Medicaid. University of Pennsylvania Journal of Constitutional Law. 2011; 11(431).
Huberfeld N. Challenging the Stakeholders: A Review of Laura Katz Olson. 2010.
Huberfeld N. Conditional Spending and Compulsory Maternity. University of Illinois Law Review. 2010; 751.
Huberfeld N. Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements. UC Davis Law Review. 2008; 42:413.
Huberfeld, N. Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs. North Carolina Law Review. 2008; 86:441.
Huberfeld, N. Tackling the “Evils” of Interlocking Directorates in Healthcare Nonprofits. Nebraska Law Review. 2007; 85:681.

Huberfeld N. Pharma on the hot seat. J Health Law. 2007; 40(2):241-65. PMID: 17849829

Huberfeld N. Be not afraid of change: time to eliminate the corporate practice of medicine doctrine. Health Matrix Clevel. 2004; 14(2):243-91. PMID: 15503690

Jacobi JV, Huberfeld N. Quality control, enterprise liability, and disintermediation in managed care. J Law Med Ethics. 2001 Fall-Winter; 29(3-4):305-22. PMID: 12056370

Huberfeld N. Three Generations of Welfare Mothers Are Enough: A Disturbing Return to Eugenics in the Recent ‘Workfare’ Law. UCLA Women's Law Journal. 1998; 9:97.

This graph shows the total number of publications by year, by first, middle/unknown, or last author.

Bar chart showing 62 publications over 18 distinct years, with a maximum of 12 publications in 2020

Bar chart showing 62 publications over 18 distinct years, with a maximum of 12 publications in 2020

Year	Publications
1998	1
2001	1
2004	1
2007	2
2008	2
2010	2
2011	1
2012	3
2013	6
2014	2
2015	3
2016	1
2017	1
2018	7
2019	7
2020	12
2021	9
2022	1

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Health-Care Access at Risk in High Court LGBT Foster Care Case

Bloomberg 3/24/2021

Biden’s HHS Nominee Becerra to Clash With Religious Right

Bloomberg 2/22/2021

New BU Lab Studies Medicaid, Where Racism, Poverty, and COVID-19 Meet

BU Today 2/17/2021

‘Repeal and replace’ is dead. Republicans can’t figure out what comes next.

Politico 2/16/2021

How Will Amy Coney Barrett’s Confirmation to the Supreme Court Impact Public Health?

BU Today 10/30/2020

Once Appointed, US Supreme Court Justices Have a Job for Life, But Should They?

Voice of America 10/24/2020

If Democrats Can, Should They Pack US Supreme Court?

Voice of America 10/20/2020

Coronavirus Crisis Stirs Fresh Debate Over Medicaid Work Rules

Bloomberg 4/21/2020

A New Obamacare Test Looms for Chief Justice Roberts (Corrected)

Bloomberg Law 3/3/2020

Medicaid Block Grant Policy Could Face High Legal Hurdles

Bloomberg Law 1/28/2020

Here’s why experts say the judge in the ACA case went too far

The Boston Globe 12/18/2018

In addition to these self-described keywords below, a list of MeSH based concepts is available here.

Health Care Reform
Medicaid
Women's Health
Vulnerable Populations
Federalism
Federal Government

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