Nicole Huberfeld | Profiles RNS

Nicole Huberfeld, JD

Edward R Utley Professor in Health Law

Boston University School of Public Health

Health Law, Policy & Management

Center for Health Law, Ethics & Human Rights

JD, Seton Hall University
BA, University of Pennsylvania

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ORCID : 0000-0001-9206-2257

Nicole Huberfeld is Edward R. Utley Professor of Health Law at BU School of Public Health and Professor of Law at BU School of Law, where she is also affiliate faculty with the Center for Antiracism Research and the Medicaid Policy Lab. Her research studies the intersection of health law and constitutional law, with particular focus on federalism, Medicaid, health reform, reproductive rights, and law as a determinant of health. She is co-author of two leading health law casebooks: The Law of American Health Care, with Elizabeth Weeks (University of Georgia School of Law), Kevin Outterson (Executive Director of CARB-X & N. Neal Pike Scholar in Health and Disability Law at BU Law), and Matt Lawrence (Associate Professor of Law at Emory School of Law) (3d edition forthcoming in 2023). She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019). She has authored many book chapters, law journal articles, peer-reviewed articles, and commentaries, appearing in publications such as Stanford Law Review, Harvard Law & Policy Review, Boston College Law Review, Yale Journal of Health Policy, Law & Ethics, University of Chicago Law Review, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, Health Affairs, New England Journal of Medicine, and JAMA. Her work has been cited in judicial opinions by the U.S. Supreme Court, lower federal courts, state courts, and federal and state executive agencies. In 2022, she became the Research Director for the Joint Editorial Board on Health Law for the Uniform Law Commission.

She has been interviewed by media such as The Washington Post, New York Times, NPR, Congressional Quarterly, Huffington Post, National Law Journal, Mother Jones, Law 360, Politico, Vice News, Newsweek, Time, The Sunday Times, and Modern Healthcare.

In 2019, Huberfeld won the Excellence in Teaching Award for teaching in the Core at BU School of Public Health. In 2021, she was nominated for the Melton Teaching Award at BU Law, and in 2022 she was nominated for the Petit Teaching Award at BU Law.

Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, health care organizations and finance, bioethical issues in the law, and health law and policy at the University of Kentucky College of Law and was a Bioethics Associate at the College of Medicine. Huberfeld won the 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 at SHU Law. She 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

Gordon SH, Cole MB, Huberfeld N. Georgia Pathways-Partial Medicaid Expansion With Work Requirements and Premiums. JAMA. 2023 Oct 03; 330(13):1225-1226.View Related Profiles.

Cole Brahim, Megan
Huberfeld, Nicole
Gordon, Sarah

PMID: 37713204; DOI: 10.1001/jama.2023.15811;

Shafer PR, Lim K, Goutos D, Huberfeld N, Benitez JA, Hsu KS, Raifman JR. Making pandemic era Medicaid continuous coverage automatic in future crises. Health Serv Res. 2023 Sep 14.View Related Profiles.

Raifman, Julia
Huberfeld, Nicole
Shafer, Paul

PMID: 37706551; PMCID: PMC10622290; DOI: 10.1111/1475-6773.14225;

Huberfeld N. Private Actions to Protect Medicaid Live to See Another Day. JAMA. 2023 Aug 01; 330(5):411-412. PMID: 37351880

Huberfeld N. Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents. JAMA. 2023 Jan 03; 329(1):17-18. PMID: 36484994; DOI: 10.1001/jama.2022.22762;

Huberfeld, N. Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents. JAMA Online First. 2022. View Publication
Huberfeld N. & McClain L.C. In first nationwide election since Roe was overturned, voters opt to protect abortion access. The Conversation. 2022. View Publication
Huberfeld N., Gordon S.G., Jones D.K. American Public Health Federalism and the Response to the COVID-19 Pandemic, in COVID-19, INTERNAL BORDERS AND REGIONAL GOVERNANCE. Beylier & Molinari, eds. 2022. 2022.
Huberfeld N. Returning regulation to the states, and predictable harms to health. SCOTUSBlog. 2022. View Publication
Huberfeld N. & McClain L.C. Roe overturned: What you need to know about the Supreme Court abortion decision, The Conversation. 2022. View Publication
Rosenbaum S., Huberfeld N., Casoni M., et al. When Should An 1115 Medicaid Expansion Experiment be Approved? Considering The Case Of Georgia Pathways. Health Affairs Forefront. 2022. View Publication

Showing 10 of 76 results. Show More

Nicole Huberfeld. Demonstrating Tension Between State And Federal Power In Medicaid: The Price Of Georgia’s Waiver Fight. Health Affairs Forefront. 2022. View Publication
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
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. 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.

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.
Nicole Huberfeld. Health Equity, Federalism, and Cannabis Policy. Boston University Law Review. 2021; 101:897.
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.
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

Shafer PR, Huberfeld N. Health Care in the Biden Administration's First 100 Days. JAMA Health Forum. 2020 Dec 01; 1(12):e201500.View Related Profiles.

Huberfeld, Nicole
Shafer, Paul

PMID: 36218476; DOI: 10.1001/jamahealthforum.2020.1500;

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
Sarah H. Gordon, David K. Jones, Nicole Huberfeld. What Federalism Means for the US Coronavirus Disease Response. JAMA Health Forum. 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

Gordon SH, Huberfeld N, Jones DK. What Federalism Means for the US Response to Coronavirus Disease 2019. JAMA Health Forum. 2020 May 01; 1(5):e200510.View Related Profiles.

Huberfeld, Nicole
Gordon, Sarah

PMID: 36218490; DOI: 10.1001/jamahealthforum.2020.0510;

Nicole Huberfeld. The Hill. Medicaid block grants would gut law and cut care. 2020. View Publication
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
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.
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

Huberfeld N. Holes in the Safety Net: Federalism and Poverty. Federalism in Health Care Reform. Cambridge University Press. 2019; 197-214.
Huberfeld N. Harvard Law & Policy Review. Rural Health, Universality, and Legislative Targeting. 2019.
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, Mariner W, Annas G, Ulrich M. Public Health Law, 3rd Edition. Carolina Academic Press. Durham, NC. 2019.

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

NFIB v. Sebelius at 5, 11 University of St. Thomas Journal of Law and Public Policy. 2018.
Nicole Huberfeld David K. Jones Edward Alan Miller. National Federation of Independent Business v. Sebelius, Encyclopedia of Federalism. 2018.
Huberfeld N, Gluck A. Indiana Health Law Review. Measuring the New Health Care Federalism on the Ground. 2018; 15.
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. Problems in Health Care Law. Reproductive Rights (Chapter 14). 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. Heed Not the Umpire (Justice Ginsburg Called NFIB). 2013.
Huberfeld N. With Liberty and Access for Some: The ACA’s Disconnect for Women’s Health. 2013.
Huberfeld N. Where There Is a Right, There Must Be a Remedy (Even in Medicaid). 2013.
Huberfeld N. Challenging the Stakeholders: A Review of Laura Katz Olson. 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. Feminist Constitutionalism. Federal Spending and Compulsory Maternity. Cambridge University Press. 2012.
Huberfeld N. Federalizing Medicaid. University of Pennsylvania Journal of Constitutional Law. 2011; 11(431).

Amigoni A, Corner P, Zanella F, Pettenazzo A. Successful use of inhaled nitric oxide in a child with fat embolism syndrome. J Trauma. 2010 Mar; 68(3):E80-2. PMID: 20220408; DOI: 10.1097/TA.0b013e31817dd6d2;

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 76 publications over 19 distinct years, with a maximum of 14 publications in 2020

Bar chart showing 76 publications over 19 distinct years, with a maximum of 14 publications in 2020

Year	Publications
1998	1
2001	1
2004	1
2007	2
2008	2
2010	3
2011	1
2012	3
2013	6
2014	2
2015	3
2016	1
2017	1
2018	7
2019	7
2020	14
2021	9
2022	8
2023	4

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Map: Where you can get birth control from a pharmacist without a doctor's prescription

NBC News 7/11/2023

One Year after Roe v. Wade Was Overturned, What’s the State of Abortion Care in the United States?

BU Today 6/21/2023

In the year since the Supreme Court overturned Roe v. Wade and ruled states should decide the legality of abortion, voters at the state level have been doing just that: 4 essential reads

The Conversation 6/12/2023

Supreme Court Upholds FDA Approval of Mifepristone: What’s Next?

BU Today 4/24/2023

White House Urgently Warns Radical Abortion Pill Ruling May Upend Everyone’s Medicine

HuffPost 4/13/2023

Judge’s Ruling to Invalidate Abortion Pill Ruling Could Impact Other FDA-Approved Drugs

BU Today 4/11/2023

The Court Battle Over Abortion Pills Has Come to a Head

The Cut 4/7/2023

The Future of Abortion Pills Is on the Line

The Cut 2/3/2023

50 Years After Roe v. Wade, What Do the Next 50 Years Look Like?

BU Today 1/26/2023

The FDA Just Changed Its Rules on the Abortion Pill. What Does That Actually Mean?

Vice 1/4/2023

Abortion Rights Tops Biden To-Do List Even Without Congress

Bloomberg Law 11/14/2022

Timelapse Shows What Happens During Pregnancy in the First 9 Weeks

Newsweek 11/12/2022

Roe overturned: What you need to know about the Supreme Court abortion decision

The Conversation 6/24/2022

Supreme Court Overturns Roe v. Wade, Ending 50 Years of Abortion Rights

BU Today 6/24/2022

LGBTQ Couples’ IVF Hopes Hinge on New Infertility Definition

Bloomberg Law 5/17/2022

Overturning Roe v. Wade could impact ‘other civil rights and other intimate relationships,’ says BU law professor

WGBH 5/3/2022

BU Celebrates Ketanji Brown Jackson’s Rise to US Supreme Court

BU Today 4/7/2022

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
Reproductive Justice
Constitutional Law

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