AMERICAN UNIVERSITY | WASHINGTON COLLEGE OF LAW
Health Law & Policy Brief
The Health Law & Policy Brief is an online publication run by law students at American University Washington College of Law. Founded in 2007, the Health Law & Policy Brief publishes articles on a wide array of cutting-edge topics in health law. Such topics include health care compliance, fraud and abuse enforcement, health insurance payment and reimbursement issues, intellectual property issues, international human rights issues, FDA initiatives and policies, and a host of other matters. Beginning with a staff of just five, the Health Law & Policy Brief now boasts over thirty staffers and nearly 1,500 readers.
Current Issue
Volume 19, Issue 2
Latest from the Blog
Conversion Therapy on Trial: What Chiles v. Salazar Means for Medical Regulation and LGBTQ+ Protections
The Supreme Court heard arguments on October 7, 2025 to lift Colorado’s ban on “conversion therapy,” a discredited practice which targets LGBTQ+ youth to change their sexual orientation or gender identity. In Chiles v. Salazar, Kaley Chiles, a Colorado-licensed professional counselor, challenged a Colorado state regulation which prohibits providers from […]
Does Trump’s Call For Expanding IVF Access Have Any Real Legal Teeth?
Assistance with fertility care is an urgent need for many families across the United States. According to findings from the 2024 Kaiser Family Foundation(KFF) Women’s Health Survey, one in eight reproductive-age women said that they or their partner needed fertility services to help them become pregnant or prevent a miscarriage. […]
The Patent Thicket Just Got Thicker: Limiting Inter Partes Review for Biologic Drug Patents
While a best-selling small molecule drug could be covered by up to five patents, biologic drugs (large chemical compounds produced by living cells) are covered by hundreds of patents. A primary purpose of patents is to give a limited monopoly to inventors to incentivize innovation, but this monopoly comes at […]
What C.K. v. McDonald Mean for Children’s Mental-Health Access Through Medicaid
In August, it was announced that a landmark settlement agreement, was reached in a New York class action lawsuit against the New York State Department of Health (NYSDOH) and the New York State Office of Mental Health (NYOMH). This settlement follows settlements of similar cases in Michigan and Iowa, showing […]
The Patients Over Profits Act: What It Could Mean for Patients and Providers
The Patients Over Profits Act (“POP Act”) was introduced in both Houses of Congress this fall. The proposed Act addresses vertical integration in the healthcare system, specifically covering various stages of insurance coverage. Vertical integration, as opposed to horizontal integration, is when multiple stages of a certain industry are all […]
The ‘Elder’ Medical-Legal Partnership and Caregiving from an Interdisciplinary Lens
New frameworks, interdisciplinary collaborations, and models of health care may need to emerge to address the impending “caregiving crisis,” or growing strain on the elder caregiving workforce with our aging population. The medical-legal partnership (MLP) model is one potential approach in addressing elder well-being, health, and the caregiving crisis. Medical […]
COVID-19 Tests: Who’s Paying?
The COVID-19 pandemic was a time of turmoil across the nation. During the course of the public health emergency, one unlikely source of controversy: how to provide and pay for COVID-19 tests for uninsured individuals. From February 20, 2020 to June 23, 2022, 912.77 million COVID-19 tests were administered in […]
The ADHD Medication Shortage: DEA Regulations and Limitations to Addressing the Public Health Crisis
The United States is facing an attention-deficit/hyperactivity disorder (ADHD) crisis with issues arising out of the great demand for first-line pharmacotherapy amid widespread shortages. Concerns about overmedication, particularly in children and young adults, qualify the necessity of strategic industry regulations and practices. Enforcing a balance of proper access and production […]
Criminalizing Miscarriage: How the Law Penalizes Grieving Mothers
Miscarriage—pregnancy loss prior to twenty weeks gestation—occurs in as many as one in five known pregnancies. Most of these occur in the first thirteen weeks, with chromosomal abnormalities accounting for nearly half of the miscarriages that occur in the first trimester. Treatment options include expectant management, medication, and surgical intervention, […]
From Protests to Policy Change: Applying the AIDS Activist Playbook to Future Pandemics
Early in the U.S. AIDS epidemic, government inaction allowed the crisis to escalate, leaving affected communities without support. In response, AIDS activists organized to force national attention on the epidemic and reshape public awareness, treatment development, and federal policy. The history of AIDS activism demonstrates how marginalized communities can turn […]