2021-2022 JHLI Annual Report

MARY AND MICHAEL JAHARIS HEALTH LAW INSTITUTE

2021-2022 ANNUAL REPORT

FROM THE DIRECTORS

Health Law, by its very nature, is interdisciplinary and collaborative. This year, the Jaharis Health Law Institute (JHLI) leaned into this concept and focused on collaborations through scholarship, programming and experiential opportunities for our students.

This past academic year, Professor Max Helveston and Associate Dean of Research & Faculty Professional Development Wendy Epstein shared the responsibilities of JHLI faculty director. This collaboration with Executive Director Alice Setrini allowed for institute leadership that benefitted from a diversity of expertise and areas of focus. Both Associate Dean Epstein and Professor Helveston continue to be a necessary part of the health law program through their mentorship and scholarship, and we are thrilled that Professor Helveston will continue as JHLI’s faculty director for the 2022-2023 academic year.

This past academic year, JHLI had a successful number of scholarly collaborations. Associate Dean Epstein, with collaborators from Boston University and Brown University, conducted research with support from the Robert Wood Johnson Foundation on altruistic framing to incentivize healthy individuals to purchase health insurance. The JHLI podcast, hosted by JHLI Faculty Fellow Theodosia Stavroulaki, explored current topics related to health law, health policy and intellectual property law with notable scholars from around the country. In June 2022, Professors Helveston and Epstein, JHLI Faculty Fellows Stavroulaki and Bassan, and Executive Director Setrini, presented on a wide range of topics at the American Society of Law Medicine and Ethics conference in Arizona. You can find more on the JHLI news and events page.

Returning to campus last year also allowed JHLI to provide and support varied, insightful and valuable health law programming in a hybrid model. Collaborations between DePaul’s Programs of Excellence, student organizations, and national and local legal advocacy organizations allowed for some of the most innovative and informative programming we have seen at the Institute. Our lunch lecture series topics ranged from national issues of reproductive health care to a local look at urban Native American health disparities. We also partnered with regional and national health care law practitioners to discuss differing career trajectories in health law, and we connected a record number of students to experiential learning opportunities through our JHLI Summer Scholars Program.

The annual JHLI Symposium took place in March 2022 as a hybrid event with speakers and participants appearing in-person and virtually. The topic, “Antitrust and Access to Care: Lessons from Market Consolidation and a Public Health Crisis,” designed in partnership with JHLI Faculty Fellow Stavroulaki, brought together a wide variety of experts addressing the layered challenges presented by this subject.

Finally, our annual Health Care Compliance Conference looked at crisis management from a regulatory and public relations perspective. This novel program was the result of a collaboration with the JHLI Advisory Board, along with new and longtime JHLI supporters, and it was funded by a generous gift from Gabe Imperato (JD ’77).

The mission of JHLI—to create a space for innovation, leadership and learning at the intersection of health care law and policy—requires thoughtful and insightful collaborations. Through these connections, we create a community that amplifies our impact beyond what is possible on an individual level.

Here, we once again proudly share many of our notable accomplishments from the past academic year, and as always, we look forward to hearing feedback and suggestions.

Sincerely,

Max Helveston Alice Setrini Faculty Director Executive Director

JHLI HEALTH LAW SCHOLARSHIP

PROFESSOR WENDY NETTER EPSTEIN’S article, “Can Moral Framing Drive Insurance Enrollment in the U.S.?,” with coauthors, will be published in the Journal of Empirical Legal Studies. The article reports on four phases of research funded by the Robert Wood Johnson Foundation

Epstein’s other recent publications include:

• “ The Health Equity Mandate” in the 2022 Journal of Law & Biosciences and reviewed in JOTWELL

• “ The Healthcare System Misnomer ” in the 2021 Ohio State Law Review symposium issue

• “Disrupting the Market for Ineffective Medical Devices” in The Fu T ure oF Medical device r egulaT ion: innovaT ion and P roT ec T ion (2021)

PROFESSOR MARK WEBER’S chapter, “Least Restrictive Environment and the Education of Children with Disabilities,” was published in The o x Ford h andbook oF u.S. e ducaT ion l aw (Kristine L. Bowman ed., Oxford University Press 2021).

His essay, “ Taking Disability Discrimination Out of the Public Charge Rule,” was published in the University of Pennsylvania Law School’s The Regulatory Review (October 28, 2021).

EXECUTIVE DIRECTOR ALICE SETRINI’S article, “A Care Coordinator Screening Strategy to Address Health Harming Legal Needs BMC Health Services Research ,” co-authored with Daniel Berg, Kathy Chan, Ann Cibulskis, Keiki Hinami and Kulsum Ameji, was published in BMC Health Services Research in February 2022.

Her other publications include:

• “Interprofessional Education in Medical-Legal Partnerships (MLPs) to Address Social Determinants of Health ,” co-authored with Lauren A. Gard, Tami Bartell, Anuj K. Shah, Karen Sheehan, Corinne H. Miller and Erin T. Paquette, in the Journal of Health Care for the Poor and Underserved (November 2021)

• “A higher bar: It’s time for more equality in the legal field,” op-ed, in The Hill (December 29, 2021)

SPEAKING ENGAGEMENTS

45 TH ANNUAL AMERICAN SOCIETY OF LAW, MEDICINE & ETHICS HEALTH PROFESSORS CONFERENCE

The 45th Annual American Society of Law, Medicine & Ethics Health Law Professors Conference was held in-person in Arizona for the first time in two years. Professors Wendy Epstein and Max Helveston; JHLI Faculty Fellows Sharon Bassan, Theodosia Stavroulaki and Rick Weinmeyer; and Executive Director Alice Setrini all presented on various panels at the conference.

Setrini presented in the first plenary session, “Teaching Health Law: Practice, MLPs and Pandemics,” on her work using medical legal partnerships as an interprofessional experiential learning tool. Helveston presented on “COVID-19 Lessons Learned on Legal and Policy Challenges,” focusing on consumer goods shortages and anti-price gouging legislation. Epstein presented on a panel considering challenges to health insurance, where she discussed social solidarity to increase U.S. insurance enrollment. Bassan and Weinmeyer presented on “Health Policies on the Cutting Edge,” with Bassan presenting her work on the ethical and legal requirements of surrogacy transactions and Weinmeyer presenting on establishing a right to restrooms and expanding public toilet availability through state constitutional law. Finally, Stavroulaki presented her work on health equity and quality concerns in antitrust.

Pictured left to right: Associate Dean of Research & Faculty Professional Development Wendy Epstein, JHLI Faculty Director Max Helveston, JHLI Faculty Fellow Rick Weinmeyer and JHLI Executive Director Alice Setrini.

JAHARIS FACULTY FELLOWS

The Jaharis Faculty Fellows Program provides scholars interested in pursuing careers in legal academia with an avenue for creating and disseminating their scholarship and teaching courses where two dynamic legal fields increasingly intersect—health law and intellectual property law/ information technology, broadly construed. Jaharis Faculty Fellows work with and are mentored by faculty affiliated with DePaul’s nationally ranked Mary and Michael Jaharis Health Law Institute and Center for Intellectual Property Law & Information Technology. The JHLI Faculty Fellows Program has an outstanding record for enabling new scholars to develop their academic voice and connecting them with long-term academic opportunities. This year is no exception.

2020-2022 FELLOWS

SHARON BASSAN is a legal scholar with expertise in bioethics, health policy, innovation, information technology law and ethics. She joined Drexel University Thomas R. Kline School of Law in Fall 2022.

THEODOSIA STAVROULAKI is a legal scholar whose teaching and research interests include antitrust law, health care antitrust and public health law. She joined Gonzaga University School of Law in Fall 2022.

2022-2023 FELLOWS

JULIE L. CAMPBELL is a health law attorney, certified health care compliance specialist, medical ethicist and medical-legal scholar. In her teaching and research, she views the health care system through an interdisciplinary lens, identifying problems that impact patient care and health outcomes, with a focus on how technological advances in medicine impact patient decision-making and the dying process. She also is passionate about correcting systemic errors that contribute to premature death. Her work on mandatory medical simulations recently appeared in Health Matrix: The Journal of Law-Medicine, and her article, “ The Ethical Use of Observation Units: Empowering Physician Autonomy for Patient Placement Decisions ,” with Kathy Lee and Emily Mann, was recently published in the University of Houston Journal of Health Law & Policy

Previously, Campbell was a senior fellow with the MacLean Center for Clinical Medical Ethics at the University of Chicago and a health law consultant to the New York Times documentary series “New York Times Presents.” She also is an experienced litigator with a focus on representing physicians and health care institutions on contract matters, consulting on medical malpractice lawsuits and recently working within the American Medical Association’s Litigation Center. Campbell has taught various health law courses for both DePaul and Loyola University Chicago. She received her BA and BS from Miami University, her JD with honors from Chicago-Kent and her LLM in Health Law from Loyola University Chicago.

RICK WEINMEYER is a fifth-year PhD candidate in social sciences and public health at Northwestern University. He researches important questions of public health law, health policy and bioethics, and he applies mixed methods to empirical questions in health law. His dissertation explores the public toilet crisis in the United States and provides an in-depth look at the legal and policy changes needed to improve public toilet availability and accessibility.

Prior to pursuing his PhD, Weinmeyer spent four years serving as a senior research associate for the Council on Ethical and Judicial Affairs at the American Medical Association (AMA). During his tenure with the AMA, he researched and wrote on subjects at the intersection of health policy, public health law and medical ethics, including expanded access to unapproved drugs, religious and philosophical vaccination exemptions, and hospital mergers and their impact on patient care. Weinmeyer earned his BA in political science from the University of Washington, his MPhil in sociology from Cambridge University, and his JD and MA in Health Law and Bioethics from the University of Minnesota.

HEALTH LAW CURRICULUM

DePaul College of Law’s Health Law Program consistently ranks among the nation’s best. One of the strengths of our program is a curriculum encompassing both the theory and practice of health law, with attention given to both the depth and breadth of the field. The health law experience at DePaul is informed by scholars and practitioners, so students are exposed to essential areas of health law, including social, ethical, corporate, regulatory and policy issues.

CERTIFICATE PROGRAMS

• Health Law

• Health Care Compliance

DEGREE PROGRAMS

• JD/LLM in Health Law

• MLS in Health Law

• MLS in Health Care Compliance

PROGRAM OPPORTUNITIES

• Civil Litigation & Health Law Clinic

• Compliance Certification Board exam eligibility

• Externship opportunities with health systems, private law firms and corporations

• Legal Analysis Research & Communication

I & II: Health Law

• Journal of Health Care Law

• Health Law Blog

• Health Law Moot Court

COURSES

Course offerings may vary from year to year

• Administrative Law

• Antitrust

• Bioethics & the Law

• Data Breach Notification Law

• Disability Law

• Elder Law

• Externship Program

• Food & Drug Law

• Health Care Compliance & Regulations

• Health Care Delivery Systems

• Health Care: Fraud & Abuse

• Health Equity & the Law

• Health Law Moot Court

• Health Policy & the Law

• Health Privacy, Cybersecurity & IT Law

• Insurance Law

• Journal of Health Care Law Editorial Board

• Labor Law

• Legal Clinic I & II: Civil Litigation & Health Law

• Legal Drafting: Health Law

• Medical Malpractice Survey

• Non-Profit Organizations

• Privacy Law

• Public Health Law

• Risk Management & Patient Safety

• Senior Research Seminar

• Sex Gender & the Law

• Special Topics in Law: Health Equity & the Law

• The Practice of Health Care Law

JHLI SUMMER SCHOLARS PROGRAM

JHLI’s extensive relationships with health systems, law firms, pharmaceutical companies, health information technology companies and health care associations provide DePaul law students with a wide array of externship opportunities throughout the Chicagoland area. JHLI also coordinates a Summer Scholars Program, which provides select students working in unpaid summer internships with a $5,000 stipend to create a pipeline of practice-ready health law advocates.

This year, JHLI placed students at:

– American Medical Association

– Cerner

– Illinois Human and Family Services

Office of Inspector General

– iRythym Technologies

– Legal Aid Chicago

– Malecki and Brooks

– Shirley Ryan Ability Lab

– Sinai Health System

– Thompson Coburn

– Walgreens

These students worked with prominent health care practitioners and companies to develop a wide range of lawyering skills and gain exposure to various facets of health law. This program, in addition to connections with our advisory board members, allows JHLI to continue strengthening the connection between practicing health law attorneys and our JHLI students.

2022 SUMMER SCHOLARS

Sophia Archos Walgreens

“I had a great summer working directly with the managed markets department, while also networking with other legal departments, such as real estate, privacy and employment litigation, among others. I was amazed by how welcoming the legal team and Walgreens was and how much they enjoyed mentoring future legal professionals like myself. This summer, I not only experienced what it is like to work in-house, as compared to a law firm, but I also worked on myriad projects focusing on health care regulations. For example, I conducted a 50-state survey on Pharmacy Benefit Manager (PBM) reform legislation in the wake of the proposal for the PBM Transparency Act of 2022 in the U.S. Senate. I am excited to return to DePaul with newfound practical experience in transactional and regulatory law in addition to litigation.”

Reid Byers Shirley Ryan Ability Lab

“Working alongside the legal and compliance counsel at Shirley Ryan Ability Lab shed light on the inner workings of a world-renowned research hospital and allowed me to build upon my undergraduate knowledge regarding the business aspect of health care. I fully anticipate using this internal legal perspective to provide a unique opinion on client matters and ensure solutions are compliant with local and federal regulations in my future litigation positions.”

Sofia Fernandez Illinois Department of Health and Human Services

“This summer I worked in the Office of Counsel to the Inspector General for the Illinois Department of Healthcare and Family Services. I worked on projects ensuring that providers are offering appropriate quality services to Medicaid beneficiaries. My main summer project focused on the use of non-emergency medical transportation to get beneficiaries to their covered services. Since my focus is health policy, I’m excited to go back to school in the fall and take health law classes that I can relate back to what I learned about a major health policy like Medicaid working at the ground level.”

JHLI PROGRAMS AND EVENTS

After two years of virtual convenings, in March 2022 JHLI was excited to welcome to campus scholars, practitioners, students and alumni to the annual Jaharis Health Law Symposium. This day-long symposium, co-sponsored by the Center for Intellectual Property Law & Information Technology, centers on the intersection of health law, information technology and intellectual property. This year’s topic, “Antitrust and Access to Care: Lessons from Market Consolidation and a Public Health Crisis,” took a deep dive into recent developments in various health care markets and how consolidation within those spaces impacts access to care.

We heard from leading scholars, policymakers and practitioners in the field of health care antitrust on the impact of market consolidation on health insurers and medical providers, health and hospital systems, and pharmaceutical companies. There was lively discussion between panelists and moderators on the rapidly changing health care landscape and how antitrust enforcement tools can be utilized to help our health care system improve health outcomes and achieve affordable, quality care.

Our featured speaker was Max Miller from the Iowa Attorney General’s Office. Miller has been involved with the key enforcement efforts of both state and federal antitrust statues, as well as with analyzing mergers involving the intersection of data and health insurance. Miller spoke to the transformative power of data collection and analytic technology in his keynote: “Bio-power, Market Power and Surveillance Capitalism: Health Care Data and the End of Capitalism?” This segued into a final panel on “big data” and the use of antitrust enforcement tools to address the competing benefits and harms associated with the increased use of and reliance on health data.

The symposium is available to view for CLE credit, and please join us on March 1, 2023, for JHLI’s next annual symposium: “The Changing Legal Landscape of Reproductive Health Care.”

2022 JHLI HEALTH CARE COMPLIANCE CONFERENCE

JHLI’s Health Care Compliance Conference, “Managing Reputational Risk Through Compliance Best Practices,” was held in April 2022. This full-day conference was organized by Executive Director Alice Setrini and JHLI Advisory Board Compliance Program Subcommittee members Ahmed Salim, Melinda Malecki and Kate Schostok.

This innovative program consisted of four sessions. The first two focused on communications best practices when confronting a health care compliance related emergency, and the second two sessions dug into the nuts and bolts of regulatory and health care compliance issues with expert practitioners discussing the False Claims Act, as well as regulatory hot topics.

The annual compliance conference is Compliance Certification Board (CCB®) approved for CEU credit as well as CLE credit, and it can be viewed on the College of Law’s CLE platform

JHLI LUNCH LECTURE SERIES

JHLI hosted innovative lunch lecture programming for our students and wider DePaul Community. These programs provide a vital space for robust discussion and inquiry into important legal questions of the day.

The Fall saw collaborative programming on the Texas SB8 reproductive health care bill before the U.S. Supreme Court, in partnership with the Women’s Bar Association, the If When How student organization, and the College of Law’s Center for Public Interest Law. This was an inter-professional look at the effects the Texas law has on reproductive health and a forecast of what to expect from the Court in the future in this area. The program was moderated by DePaul Associate Dean and Professor of Law Allison Tirres, and it included constitutional and reproductive health scholars Liz Sepper and Yvette Lindgren and practitioner Chelsea Tejada of the ACLU Reproductive Freedom Project.

JHLI also collaborated with the Student Bar Association on Diversity Week programming. In the Fall, JHLI hosted a panel on Native American health disparities with the executive director of the American Indian Health Service of Chicago, Roxanne Lavallie-Unabia. In the Spring, it hosted a program on “Hidden Disabilities” and how to be advocates and allies. The program featured speakers from advocacy organizations Access Living and Equip for Equality, along with DePaul students who shared their own lived experience navigating higher education and employment with these disabilities.

PROGRAM NEWS

HEALTH LAW MOOT COURT COMPETITION

DePaul’s Health Law Moot Court Team—Khushbu Patel (2L) Victoria Mazur (3L) and Jessica Olson (3L)—coached by Adjunct Professor and Former JHLI Executive Director Katherine Schostok, reached the presentation competition round of the National Health Law Transactional Competition at Loyola University Chicago School of Law. Prior to the competition, the students participated in a course that introduced them to the approaches and advocacy demands of transactional health law and regulatory compliance. The students scored among the top eight memos and presented in the final round of the competition.

NEW HEALTH LAW LEGAL WRITING SECTION

The addition of the Legal Analysis, Research & Communication health law section in Fall 2021 was a terrific success. The section was taught by Professor Martha Pagliari, who has a litigation background, and it utilized medical malpractice cases as legal writing teaching tools. The exercises provided students with a health-centered context for learning how to research, think and write like a lawyer. The new section weighed positively in some students’ decisions to attend DePaul to further their study of health law.

NEW COURSE ON HEALTH EQUITY & THE LAW

Health Equity & the Law, a new Special Topics in the Law course, was added to the curriculum in Spring 2022. The course, taught by Executive Director Alice Setrini, focused on the legal history and policy decisions that led to many of the health disparities that we see today. Students explored a variety of health equity topics that connect to the social determinants of health, including housing, environmental justice, mass incarceration and reproductive health. Students learned from guest lecturers working in different sectors addressing health equity, and they honed their oral advocacy and writing skills through a wide variety of exercises and learning tools.

2022 JHLI ADVISORY BOARD

CHAIR

Ahmed Salim (BSC ’09) iRythm Technologies

BOARD MEMBERS

Erika Adler (JD ’96, LLM ’97)

Roetzel & Andress

Catherine Bremer (JD ’89) Law Offices of Catherine Bremer (retired)

Harold Bressler Joint Commission (retired)

Michael Callahan (JD ’79)

Katten Muchin Rosenman LLP

Danielle Capilla (JD ’08) Alera Group

Lauren Edes Advocate Healthcare

Camela Gardener (LLM ’97) Circuit Court of Cook County, Illinois

John Gavin Healthcare Services BCBS Illinois (retired)

Marc Ginsberg (LLM ’92)

University of Illinois at Chicago Law School

Susan Hannigan (JD ’83)

Johnson & Bell

Robert Kane (JD ’84)

Illinois State Medical Society

Michelle Kavoosi

Independent Law Practitioner

Melinda Maleki

Maleki and Brooks Law Office

Jeffrey Matthis

Loyola Medicine

Thomas Mirabile (LLM ’03)

Law Office of Thomas Keith Mirabile

Alane Repa (JD ’08)

North Park University

Katherine Schostok (JD ’08)

Social Security Administration

Cary Wintroub (JD ’78)

Cary J. Wintroub & Associates LLC

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