FLPC Director to Speak at Conference on Public School Food and Nutrition

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Join Emily Broad Leib, Director of the Food Law and Policy Clinic on June 10, 2015, 8:30am-5:00pm at Sever Hall, Harvard University for the first annual Healthy Food Fuels Hungry Minds: Serving Change in Public School Food.

Join this first annual conference to understand the current state of childhood nutrition, the nuances of the federal law, the economic, logistical and technical constraints faced by foodservice providers, and creative solutions for improving offerings. This one-day education session will help us forge a collective understanding on the role each of us plays as parents, providers and advocates to effect meaningful change.

Who Should Attend: School Nutrition Directors*, Parents, Policy & Wellness Advocates, Officials and Academics in the areas of Law, Nutrition, Public Health and Education (*Conference attendance earns continuing education credits)

Registration Fee: $35; limited scholarships are available.

Registration & Full Conference Agenda: https://healthyfoodhungryminds.eventbrite.com

Featured Speakers & Presenters:

  • Ann Cooper, The Ann Cooper Foundation
  • Katie Millet, Massachusetts Office of Nutrition & Health
  • Eric Rimm, Harvard T.H. Chan School of Public Health
  • Emily Broad Leib, Harvard Food Law & Policy Clinic
  • Scott Richardson, Project Bread
  • Kirsten Saenz Tobey, Revolution Foods
  • Catherine D'Amato, Greater Boston Food Bank
  • S. Paul Reville, Harvard Graduate School of Education
  • and more!

The conference is presented by Let's Talk About Food, Massachusetts State Office of Nutrition and Health, Harvard Food Law & Policy Clinic, and Harvard University Dining Services' Food Literacy Project.

CHLPI Welcomes Food Law and Policy 2015 Summer Interns

 

We are excited to introduce our 2015 summer interns for the Food Law and Policy Clinic. They come from schools around the country and bring a diverse set of skills and past professional experiences. We are looking forward to having them join our team, meet our clients, and dig into our research and writing projects.

Katie Carey headshotKatie Carey hails from Pasadena, CA. She received her BA in Environmental Studies from Seattle University. Afterwards, she spent a year volunteering with Jesuit Volunteer Corps in Spokane, WA, managing a women's shelter community garden. Katie then spent three years working as an environmental educator on Catalina Island. She is a rising 3L at University of Oregon Law, with an emphasis in environmental law. Katie’s legal experiences include: a food resiliency fellowship with the University of Oregon's Environmental Natural Resources Center; an internship with Food & Water Watch; and an internship with the Oregon Legislature. Katie is thrilled to be interning with the FLPC!

 

CMatthewsCaitlin Matthews is a dual degree student in Urban & Environmental Policy & Planning (M.A.) at Tufts University and in Agriculture, Food & Environment (M.S.) at the Friedman School of Nutrition Science and Policy, also at Tufts University.  Caitlin is interested in innovative policy and planning mechanisms to increase equity and sustainability for producers and consumers in urban and peri-urban food systems.  She has collaborated on the Massachusetts Food System Plan to assess the inclusiveness of local food retail models and make recommendations for increasing equity in direct-to-consumer models.

 

 

 

lee millerLee Miller is a second-year student at Yale Law School preparing for a career in food and agriculture policy. Previously, he finished his masters of environmental management at Duke's Nicholas School of the Environment where he focused on environmental economics and policy. During that time Lee co-founded the Duke Campus Farm and worked on food/ag policy for the Union of Concerned Scientists in D.C. He also spent 8 months working for a local farm lawyer, ultimately co-authoring a book for beginning farmers published by the National Center for Appropriate Technology. Lee spends time between classes launching the Yale Law Food Society, hiking with his dogs Ellerbe and Quinnipiac, and renovating a home with his partner, Emily.

 

Hannah Nicholson (1 of 1)Hannah Nicholson recently completed her second year at Seattle University School of Law.  She is the Co-President and Co-Founder of their Food Law Society, Membership Co-Chair of the Women’s Law Caucus, and is the Content Editor for the American Indian Law Journal. Before law school, Hannah worked at an immigration law firm where she assisted numerous clients in obtaining legal status in the United States.  She graduated from the University of Oregon Clark Honors College where she studied Spanish and Theatre. In her free time, Hannah volunteers at a local food garden teaching youth about the importance of healthy food. She also enjoys baking, watching football, hiking, and other outdoor activities.

 

Nuckolls headshotKelly Nuckolls is a second year law student at Drake University Law School pursing a certificate in Food and Agricultural Law. While at Drake, Kelly has interned at the Des Moines Area Religious Council, the Drake Agricultural Law Center, and the Office of State Senator Jeff Danielson, and has served as a Teaching Assistant for the first-year courses Legal Research and Writing. Next year, she will serve as Executive Editor of the Drake Journal of Agricultural Law. Prior to attending law school, she worked as a Student Coordinator in the Fort Hays State University Center for Civic Leadership coordinating a variety of events focused on hunger-relief and Kansas agriculture and served as an intern at the World Food Prize Foundation. Kelly graduated summa cum laude from Fort Hays State University in 2013 with a B.A. in Political Science.

 

To stay up to date on the Food Law and Policy Clinic, follow us on Facebook and twitter.

Download CHLPI’s DOI Templates

The DOI (State Departments of Insurance) Templates, created by the Center for Health Law and Policy Innovation, is intended to support the development of grievance letters from advocates/providers to state’s DOI regulators. They can be used to address a variety of complaints, including:

  • Insurers aren’t covering important HIV medications
  • Insurers are changing coverage after the end of open enrollment
  • Insurers are practicing adverse tiering (i.e., placing HIV medications in formulary tiers with high cost sharing)
  • Insurers are requiring onerous prior authorization or other kinds of medical management requirements for HIV medications
  • Insurers are requiring use of mail-order pharmacies for HIV medication (note: federal regulations going into effect in 2016 will help alleviate this issue)

The consumer DOI Template is a simplified version of the letter intended for consumer use. It is intended for use by individuals who may not feel as comfortable with some of the scientific and legal language of the DOI template.

The Consumer DOI Template:

  • Is shorter (three v. seven pages)
  • Has minimal citations
  • Has an extremely abbreviated standard of care section
  • Has a shortened anti-discrimination mandates section

The DOI Templates can also be modified to send to insurers. CHLPI suggests cc’ing relevant insurers on the letter to regulators to give them notice.

Most importantly, always download a fresh copy of the DOI Templates. These templates may be subject to changes, especially if new federal regulations are issued. If you or your clients need help modifying the templates, please contact Carmel Shachar at 617-390-2588 or cshachar@law.harvard.edu.

View the May 18th webinar presentation on using the templates.


Download the Consumer DOI Template

Thank you for your interest in the Center for Health Law and Policy Innovation’s State Department of Insurance Complaint Templates. Please provide your name and email below and you will be given access to the Templates. This information is collected solely for our own internal purposes and to allow us to reach out to you to provide any support you might need as you modify the Templates. We will not share, publicize or sell your information.

Once you have submitted your name and email, a link to download the templates will appear below.

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CHLPI Launches Federal Report on Type 2 Diabetes Prevention, Management, and Policy Reform

The Center for Health Law and Policy Innovation (CHLPI) of Harvard Law School released the 2015 Providing Access to Healthy Solutions (PATHS) Federal Report, Beating Type 2 Diabetes: Recommendations for Federal Policy Reform, during an event today on Capitol Hill. The report, developed with the support and guidance of people living with and at-risk-for diabetes, health and social service professionals, food providers and producers, government officials and other stakeholders, offers specific recommendations to decrease the incidence of type 2 diabetes and to promote effective management of the disease in those who have already been diagnosed.

The Report release also includes the kick-off of a series of federal policy roundtables, with today’s roundtable, Beating Type 2 Diabetes: A Policy Roundtable on Increasing Access to the Diabetes Prevention Program and Diabetes Self-Management Education, focused on the need for stronger national laws and policies to support cost-effective diabetes prevention and self-management programs. The roundtables will gather thought leaders from across disciplines, including legislators, federal and state agency staff, health payers and providers, and diabetes advocates, to move the diabetes policy agenda forward as outlined in the Report.

“As diabetes is the 7th leading cause of death in the United States and causes more deaths per year than breast cancer and AIDS combined, CHLPI’s Report and today’s roundtable stress the significance of preventive measures to avoid type 2 diabetes and sheds light on policy reform to ensure that those living with the disease are provided with quality treatment,” says Robert Greenwald, JD, Director of CHLPI and Clinical Professor of Law at Harvard Law School.

Greenwald adds, “Without federal action, one in three Americans will be diagnosed with type 2 diabetes by 2050. The staggering total cost of the disease to the US is up to $245 billion dollars a year and continuing to climb.”

Read the executive summary.

Read the full report.

Read the full press release.

International Business Times: CHLPI Attorney Weighs in on New Guidance on Birth Control Coverage

Under the Affordable Care Act (ACA), health insurance providers are required to provide women with free birth control options. However, the federal Department of Health and Human Services released a guidance this past Monday that describes the exact requirements that many providers are failing to meet and warns of penalties to noncompliant insurance companies.

CHLPI staff attorney, Carmel Shachar, in quoted in the article, published by International Business Times. She applauds the action taken by the Health and Human Services while acknowledging that it cannot be seen as a "cure-all" to the tension between the ACA and health insurance providers who willingly undermine the "spirit of the law."

Read the article here.

 

Looking at the Future of Health Care Reform: King v Burwell Panel

(l-r: Professor Robert Greenwald, Rachel Gargiulo, Matthew Hellman, and Yaakov Roth)On April 20, 2015, the American Constitution Society held a panel on the King v Burwell case that is before the Supreme Court. CHLPI’s Director and HLS Professor, Robert Greenwald, served as the moderator for panelists Yaakov Roth, Matthew Hellman, and Rachel Gargiulo, all lawyers involved in the case. Each panelist provided a very different perspective on this historical case.

Yaakov Roth, one of the lawyers for the plaintiffs, was involved in the case from the very beginning of its path to the Supreme Court. He spoke about his experience and rationale to file the case as quickly as possible, which was based on the belief that the challenge to the Affordable Care Act (ACA) would have to be decided by the Supreme Court. When Jones Day filed the first motion in district court in Washington, D.C., the slow pace of the judge’s decision led to the filing of a second motion. Both motions were denied and Jones Day filed appeals to both decision. Roth noted the unusualness of the timing of the decision on the appeals; on the same exact day, they received notice that one appeal was won, while the other did not.

Roth’s actions set the stage for the work that was picked up by Matthew Hellman of Jenner & Block. Hellman represented economists who supported the government’s interpretation of the language in the ACA. He listed out the three key parts of the ACA: the mandate that everyone needs to have health insurance; language to protect individuals from discrimination for pre-existing conditions; and subsidies for individuals who otherwise couldn’t afford health insurance. Hellman explained that the language of the ACA was awkwardly written and required clarification. During deliberation, Justice Anthony Kennedy echoed Hellman’s thoughts on the ACA and said the court should try to understand what the Congress at the time of drafting meant, not what the current Congress might do going forward.

The last panelist, Rachel Gargiulo of WilmerHale, supported the case by “putting forth stories from individuals directly affected.” She acknowledged that certain concepts can seem overly abstract and it was important for the Supreme Court to see the human face of the ACA. She focused on HIV/AIDS control in Massachusetts as a case study to emphasize the importance of expanded access to meaningful health care and added that twenty-two states have unambiguously expressed support for the Government’s interpretation of the key language in their interpretation of the ACA.

The panel provided several contrasting perspectives on the ACA as well as King v. Burwell case. These differences of opinion helped illustrate to HLS students why this issue is so contested. Ultimately, the country will have an answer on the availabilities of subsidies for health care insurance as provided by the ACA when the Supreme Court delivers its decision in June or July 2015.

To stay up to date on our work with ACA and CHLPI's other projects, follow us on Facebook and twitter.