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 20, Issue 1
Navigating the Labyrinth of the Social Security Administration:
Legal and Procedural Barriers for Fibromyalgia Disability Claims
Nicholas Menacho-Foronda
Latest from the Blog
Denying Medical Care to ICE Detainees: Treating Their Needs as Optional
In just one year, the number of people detained by Immigration and Customs Enforcement (ICE) has increased by over 75%, with a record 73,000 people held in detention as of mid-January. As anti-ICE protests across the country call attention to detainees, there is an increasing need to understand the questionable, […]
Surprise Billing is “Banned”: So Why are Patients Still Being Billed?
Surprise billing occurs when a patient with health insurance unknowingly or unavoidably receives care from an out-of-network provider and is billed directly for charges not fully covered by their plan. Before the No Surprises Act was passed, patients could be billed for the difference between what a provider charged and […]
Full Coverage or False Promises? Inside Health Care Sharing Ministries
The front page of Samaritan Ministries’ website touts a reliable, Christian way to cover healthcare costs; a “… Biblical, non-insurance approach to health care,” if you will. Users are given the impression that like health insurers, organizations like Samaritan will cover their basic healthcare costs; such as primary care, childbirth, […]
Dietary Supplement Labels: Divided Opinions on the Relaxation of Regulations
Vitamins, probiotics, minerals, and botanicals are among the many dietary supplements used by approximately 75% of Americans to support their diets and maintain their health. Although often found in the same aisle in stores, the FDA does not regulate supplements in the same way as drugs. The Dietary Supplement Health […]
OpenAI to Launch ChatGPT “Health” Amidst Shifting AI Regulatory Schemes Surrounding Privacy
On January 7, 2026, OpenAI announced plans to launch of ChatGPT Health (“Health”), a new model that will allow users to connect their health records and wellness applications to the chatbot. Every week, hundreds of millions of people use ChatGPT to enquire about health and wellness. OpenAI has set out […]
How America’s AI Action Plan Could Affect Brain-Computer Interfaces
On January 23, 2025, President Donald Trump signed Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence,” which sought to revoke existing AI policies and directives that act as barriers to American AI innovation. The federal government’s push for AI development may accelerate the availability of neurotechnologies that […]
Next Generation Physicians are Using Augmented Intelligence: Is the Law Ready?
What if a physician working alone at night in a rural hospital could summon a tireless “Dr. House” with every difficult case; a trained medical diagnostician that is always awake, ever ready, and rarely hallucinates? Interactive artificial intelligence (AI) diagnostic models are rapidly evolving beyond ChatGPT and traditional “black box” […]
340b Rebate: Essential for Under-Resourced Hospitals or a Hinderance to Pharmaceutical Companies?
Earlier this month, the United States Court of Appeals for the First Circuit issued a Rule 42 motion to voluntarily dismiss a case filed by the American Hospital Association (AHA) against Robert F. Kennedy Jr. and the Health Resources and Services Agency (HRSA) regarding the implementation of a new pilot […]
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. […]