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Nicole Huberfeld

Huberfeld

Associate Dean of Academic Affairs and Ashland-Spears Distinguished Research Professor of Law

203 Law Building

nicole.huberfeld@uky.edu

(859) 257-3281

Department

Nicole Huberfeld is Ashland-Spears Distinguished Research Professor of Law and Associate Dean for Academic Affairs at the University of Kentucky College of Law and Bioethics Associate at the College of Medicine. Professor Huberfeld teaches health care law and constitutional law courses and lectures regularly at the College of Public Health and the College of Medicine. Her scholarship focuses on the cross-section of health care law and constitutional law with emphasis on federalism, spending power, and federal health care programs, especially Medicaid. Her article entitled Federalizing Medicaid was cited by the Supreme Court in NFIB v. Sebelius; her articles also have been cited in numerous briefs to the Supreme Court. She has published in many national and international publications including Boston College Law ReviewYale Journal of Health Policy, Law & Ethics, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, and Health Affairs. Professor Huberfeld has co-authored a new casebook, The Law of American Health Care. She has been interviewed and quoted by various media outlets such as the Washington Post, New York Times, NPR, Huffington Post, National Law Journal, Modern Healthcare and California Health Line.

Education

  • B. A., University of Pennsylvania (1995)
  • J.D., cum laude, Seton Hall Law School (1998)

Books & Book Chapters

  • The Law of American Health Care (Aspen 2016) (with Elizabeth Weeks Leonard & Kevin Outterson).
  • Health Care: Legal Issues, in International Encyclopedia of Social & Behavioral Science (2d ed. 2014).
  • Reproductive Rights, in Problems in Health Care Law (10th ed. 2013).
  • Federal Spending and Compulsory Maternity, in Feminist Constitutionalism (Cambridge Univ. Press 2012).

Scholarly Articles

Scholarship is available for download at Nicole Huberfeld's SelectedWorks page.

  • Instrumental and Transformative Medical Technologies, 19 Vand. J. Ent. & Tech. L. 267 (2016).

  • Health Care and the Myth of Self-Reliance, 57 B.C.L. Rev. 1 (2016) (with Jessica L. Roberts).

  • The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program, 34 Health Affairs 1156 (2015).

  • The Universality of Medicaid at Fifty, 15 Yale J. Health Pol’y L. & Ethics 67 (2015).

  • The New Health Care Federalism: An Empirical and Theoretical Assessment of Federalism Dynamics in Health Care and Beyond (October 16, 2014). U of Penn Law School, Public Law Research Paper No. 14-34; Yale Law School, Public Law Research Paper No. 525. Available at SSRN: http://ssrn.com/abstract=2511003. (with Tom Baker, Abbe R. Gluck, & Theodore Ruger).

  • An Empirical Perspective on Medicaid as Social Insurance, 46 U. Toledo L. Rev. 545 (2015) (with Jessica L. Roberts).

  • Medicaid Expansion as Completion of the Great Society, 2014 U. Ill. L. Rev. Slip Opinions 1 (2014) (with Jessica L. Roberts).

  • Dynamic Expansion (November 22, 2013), available at http://ssrn.com/abstract=2358641.

  • Where there is a Right, There Must be a Remedy (Even in Medicaid), 102 Ky. L.J. 327 (2013).

  • With Liberty and Access for Some: The ACA's Disconnect for Women's Health, 40 Fordham Urb. L. J. 1357 (2013).

  • Heed Not the Umpire (Justice Ginsburg Called NFIB), 15 U. Pa. J. Const. L. Height. Scrutiny 43 (2013).

  • Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius, 93 B.U. L. Rev. 1 (2013) (with Elizabeth Weeks Leonard & Kevin Outterson).

  • Post-Reform Medicaid before the Court: Discordant Advocacy Reflects Conflicting Attitudes, 21 Annals Health L. 513 (2012).

  • Book Review, 33 J. Leg. Med. 201 (2012) (reviewing Laura Katz Olson, The Politics of Medicaid (2010)).

  • Federalizing Medicaid, 14 U. Pa. J. Const. L. 431 (2011).

  • Conditional Spending and Compulsory Maternity, 2010 U. Ill. L. Rev. 751 (2010).

  • Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements, 42 U.C. Davis L. Rev. 413 (2008).

  • Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs, 86 N.C. L. Rev. 441 (2008).

  • Tackling the “Evils” of Interlocking Directorates in Healthcare Nonprofits, 85 Neb. L. Rev. 681 (2007).

  • Pharma on the Hot Seat, 40 J. Health L. 241 (2007).

  • Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine, 14 Health Matrix 243 (2004).

  • Quality Control, Enterprise Liability, and Distintermediation in Managed Care, J.L. Med. & Ethics 305 (2001) (with John V. Jacobi).

  • Recent Development, Three Generations of Welfare Mothers Are Enough: A Disturbing Return to Eugenics in the Recent "Workfare" Law, 9 UCLA Women's L.J. 97 (1998).

June 13, 2017

On Wednesday, May 17, the University of Kentucky College of Law held its sixth annual Developing Ideas Conference. Untenured and recently tenured faculty from across the nation were able to gather and share their developing ideas for scholarship in an informal, supportive, and engaging environment – just before diving into summer research.

Richard C. Ausness, Associate Dean for Faculty Research and Everett H. Metcalf, Jr. Professor of Law at UK Law, spearheaded the 2017 conference.

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September 21, 2016

Nicole Huberfeld, Associate Dean of Academic Affairs and Ashland-Spears Distinguished Research Professor of Law, along with co-authors Kevin Outterson and Elizabeth Weeks, has published a new book, The Law of American Health Care. The book’s focus is on the needs of students who want to practice health care law in a post-ACA (Affordable Care Act) world, whether in law firms, government, in-house, or making policy.

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August 3, 2016
By: Whitney Harder

University of Kentucky College of Law faculty and staff are sharing their expertise with legal educators across the country at the Southeastern Association of Law Schools (SEALS) Conference this week. The conference, held in Amelia Island, Florida, runs until Aug. 9.

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May 17, 2016

On April 28, the University of Kentucky College of Law hosted a reception at the Hilary J. Boone Center to acknowledge the strength of UK Law faculty through scholarship.

Initiated in 2014, the Faculty Scholarship Reception recognizes articles from the previous two years and books from the last five years. The importance of the biennial event is to acknowledge the impact UK Law faculty are making both internally across campus and externally across the commonwealth and the nation.

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university of kentucky college of law professor nicole huberfeld Analyzes Supreme Court Ruling that Undercut Medicaid

Following the Affordable Care Act's (ACA) expansion of Medicaid eligibility, an estimated 14 to 18 million new beneficiaries will enroll in Medicaid over the next 10 years, according to the Congressional Budget Office. At the same time, a U.S. Supreme Court ruling from March threatens the success of Medicaid and could undercut the entire program.

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kentucky college of law faculty at keeneland

Activity around the law school has not slowed down over the summer. Many faculty members will enter the new academic year in promoted roles.

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developing ideas conference

On Wednesday, May 19, the University of Kentucky College of Law held its fifth annual Developing Ideas Conference.  Richard Ausness, Associate Dean for Faculty Research and Everett H. Metcalf, Jr. Professor of Law at UK College of Law, spearheaded the 2015 Conference.

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Professor Nicole Huberfeld

Nicole Huberfeld, H. Wendell Cherry Professor of Law at the University of Kentucky, gave a presentation entitled The Universality of Medicaid at the Yale Law School conference: The Law of Medicare and Medicaid at 50 on November 6, 2014.

This conference, hosted by Yale Law School, marked the 50th Anniversary of the passage of Medicare and Medicaid. It brought together leading health law and policy scholars as well as policymakers who have played a role in designing and implementing the landmark statutes.

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UK Law Professors Huberfeld and Underwood

On June 24-25, the Fayette Circuit Court and Fayette County Bar Association presented the 2014 Annual Bench & Bar at the Fayette Circuit Court.

Two College of Law professors presented during the two-day event where participants had the opportunity to earn up to 12.5 total credit hours, including two hours of ethics credits. Professor Nicole Huberfeld presented on the Affordable Care Act on June 24, and Professor Rick Underwood provided an Ethics Update on June 25.

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Professor Nicole Huberfeld was quoted in a January 29, 2013 New York Times article, "To Open Eyes, W-2s List Cost of Providing a Health Plan," about the surprise many find when they realize the total cost of their employer-sponsored health coverage.

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