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Health Law and Policy

Access to mental health care is among the most important and underappreciated aspects of the health care system for chronically ill people.  While federal law creates a requirement that health insurers provide coverage of mental health services on terms that are on par with medical and surgical services, these rules are severely under-enforced. Investigation and factual development of this complex area is needed.   

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Excess sugar consumption is linked to obesity, diabetes, and other diet-related chronic diseases that have tremendous social and economic costs. The United States currently faces the highest obesity and diabetes prevalence in human history. This national health crisis disproportionately impacts historically marginalized communities and thus perpetuates health inequities. Reducing population-level consumption of sugar is one of the most promising strategies for addressing these pressing public health, social, and economic concerns.  

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The U.S. is facing rising rates of viral hepatitis – despite the availability of vaccines for hepatitis A and B, and a cure for hepatitis C – and reports show that the country is not on track to meet the World Health Organization’s goal of eliminating viral hepatitis by 2030. While effective clinical interventions have reduced the morbidity and mortality associated with viral hepatitis, the opioid epidemic has spurred new cases at alarming rates that disproportionately burden already disinvested communities.

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The Center for Health Law and Policy Innovation’s (CHLPI’s) federal policy work focuses on systems-level change to improve access to care for people and families with low incomes, emphasizing the care and treatment needs of people living with HIV, hepatitis C (HCV), and other chronic health conditions.

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Transgender and gender diverse individuals regularly face discrimination in health care settings and often lack access to affordable, high-quality health care coverage that includes gender-affirming services. The Center for Health Law and Policy Innovation (CHLPI) works at both the federal and state levels to fight against health care discrimination and increase access to care.   

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Poor diet, exacerbated by food insecurity, is now the leading cause of death and disease in the United States. Individuals with low incomes and those dealing with food insecurity can be especially at risk for poor nutrition, due to additional factors associated with inadequate household resources as well as under-resourced communities. Food is Medicine services such as medically tailored meals, medically tailored groceries, and produce prescription programs have become increasingly powerful and cost -effective interventions to prevent and treat diet-related chronic conditions, improve household food security, and address health disparities. Although research has illustrated that these services are associated with improved health, lower health care costs, and decreased health care utilization, fragmented integration of Food is Medicine interventions into our health care system at the state and federal levels has led to inequitable access based on an individual’s geography, insurance status, health care provider, and condition.

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The Center for Health Law and Policy Innovation’s (CHLPI) advocacy efforts include amicus curiae work, which are legal briefs submitted to a court or agency on behalf of stakeholders other than the parties themselves.  We draft or join these briefs routinely both to support the legal and policy goals of the communities that we work for, as well as to support our colleagues and fellow advocates in the areas of health care access, anti-discrimination, and social determinants of health.  A representative sample of our amicus work is below. 

Civil Rights Protections in the Affordable Care Act

  • T.S. v. Heart of CarDon (November 2021, Seventh Circuit, on appeal from the Southern District Court of Indiana): Arguing that categorical exclusions in health care coverage for people with autism undermine nondiscrimination protections in the Affordable Care Act.
  • CVS v. Doe (October 2021, Supreme Court, on writ of certiorari to the United States Court of Appeals for the Ninth Circuit): Arguing that mandatory mail order pharmacy programs present significant privacy, timeliness, and safety concerns for people living with HIV. 
  • Kadel v. Folwell (Octobe...

Poverty has long been a major risk factor for poor health, but unconditional cash transfer interventions, commonly known as Guaranteed Income programs, are emerging as an innovative solution. Momentum and interest in Guaranteed Income programs has accelerated around the world in recent years as they have been increasingly implemented to improve health outcomes, economic mobility, safety, and community well-being. As calls for Guaranteed Income grow stronger, so too does the evidence base supporting the connection between resource access and health outcomes.

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Across the globe, climate change is increasing the frequency and impact of extreme weather events that can cause displacement, loss of resources, illness, and death. At the same time, growth in population, along with activities like manufacturing and industrial farming, means that individuals and communities are challenged by exposure to both manmade and naturally occurring harmful substances with serious health implications. The burden of both of these threats is often disproportionately borne by those with the fewest resources.   

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The Center for Health Law and Policy Innovation of Harvard Law School’s (CHLPI) Health Law and Policy Clinic (HLPC) is working with other national organizations and community partners to identify and promote COVID-19-related policy flexibilities that should have a permanent place in the health care landscape, and to minimize harm to individuals as various pandemic-era policies unwind.

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