Health Law and Policy

The Institute for Health Policy and Practice's efforts in the area of Health Law and Policy advances effective health policy through education about and analysis of key legal issues that impact health and healthcare. The Institute provides resources including training, technical assistance and education related to policy and regulatory issues impacting healthcare in New Hampshire and beyond, and conducts evidenced-based research in the area of health policy.

For more information, contact Deborah Fournier at Deborah.Fournier@unh.edu.


Learn more about UNH Franklin Pierce School of Law’s Health Law & Policy Program

The on-campus Health Law & Policy Certificate Program offers students the opportunity to gain an understanding of the healthcare marketplace through a focused core curriculum and select optional course credits, legal residencies, capstones and other independent projects that result in a complete and interdisciplinary health law and policy experience.

Listen to Professor Lucy Hodder talk about the Health Law and Policy Certificate program in a podcast from February 2017.

Listen to the podcast

Projects and Initiatives

Data and Policy Briefs

The Institute for Health Policy and Practice has released a series of data and policy briefs that seek to inform current conversations about health reform happening across the state.


Policy Analysis and Summaries

UNH Franklin Pierce School of Law, Podcast Series

May 16, 2023

Professor Lucy Hodder discusses the end of continuous Medicaid enrollment from the COVID-19 public health emergency and the impact of hospital mergers in New Hampshire. (Produced and Hosted by A J. Kierstead)

Listen to the Podcast


Riverbend 2022 Champions for Mental Health Awards

Honoring Lucy C. Hodder

Watch the Recording


Equitable and Affordable Healthcare: A shared Responsibility

June 22, 2022
Symposium Announcement

Rising health costs and problems with affordability are impacting individuals and families and disrupting healthcare access across the country and in New Hampshire. Over 200 participants joined a discussion on what can be done to make healthcare equitable and affordable in New Hampshire.

Visit the event webpage to learn more!


Healthcare Sustainability: perspectives on cost, affordability, and access

June 16, 2021
hands holding a tree

UNH Franklin Pierce School of Law and the Institute for Health Policy and Practice hosted a session with three national experts to discuss:

  • Why we need to address increasing health costs burdening families and business
  • What can be done to make healthcare more affordable and sustainable?
  • How stakeholders are activating across the country and across sectors to address escalating health care costs
  • How to empower employers to improve access and affordability
  • Goals for transforming misaligned incentives for a more equitable health care system

Jo Porter, Director of the Institute for Health Policy and Practice, kicked-off the event and welcomed attendees.
Lucy Hodder, Director of Health Law and Policy Programs and Professor of Law, UNH Franklin Pierce School of Law and the Institute for Health Policy and Practice, introduced the event and described how the COVID 19 pandemic illustrates why collaboration and trust are key to having a system as complex as healthcare work effectively, and why oversight is needed to assure our resources are used equitably, efficiently, and effectively. 
Hodder_Lucy_UNH_IHPP_Overview UNH Healthcare Sustainability June 2021

Chris Koller, President, Milbank Memorial Fund, spoke about why we need to address increasing health costs burdening families and businesses, and what is being done by stakeholder coalitions to make healthcare more affordable and sustainable in other states across New England. 
Koller_Chris_Milbank_UNH Healthcare Sustainability June 2021

Gloria Sachdev, President and CEO, Employer’s Forum Indiana, spoke about how to empower employers to improve access and affordability, and the reasons for and impact of the RAND studies on hospital prices.
Sachdev_Gloria_EFIndiana_UNH Healthcare Sustainability June 2021

Eliot Fishman, Senior Director of Health Policy, FamiliesUSA, discussed the impact on families of high health costs and goals for transforming misaligned incentives for a more equitable health care system.
Fishman_Eliot_FamiliesUSA_UNH Healthcare Sustainability June 2021

Agenda

Event Audio-Podcast: Healthcare Sustainability June 16,2021

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Support for this event provided by

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Through a Different Lens: NH Citizens Health Initiative Annual Symposium

September 29, 2020

Julie Rovner, noted health journalist and Chief Washington Correspondent for Kaiser Health News, outlined key factors impacting the current state of our health care system and what to watch for as the election and Supreme Court appointments and challenges to the ACA unfold over the next few months. 

The NH Citizens Health Initiative annual Symposium on Tuesday, September 29 provided insights on the latest national health policy topics, and attendees discussed how to improve health care systems in New Hampshire. Lucy Hodder, director of Health Law and Policy at UNH Franklin Pierce School of Law and IHPP moderated the discussion and led the Question and Answer session.

Attendees hailed from a variety of disciplines, including health care organizations, payer organizations, public health organizations, and more. Jeanne Ryer, Director of the NH Citizens Health Initiative, recognized 15 years of success by thanking the hard work and support of the NH CHI staff and their many partners across the state and beyond.

Jo Porter, director of the Institute for Health Policy and Practice (IHPP) framed the key health policy themes for facilitated small-group breakout sessions to discuss questions raised by Julie Rovner’s presentation. In these sessions, participants explored the changes to NH’s health care system in 2020, identified opportunities for impacting the future of NH health care, and crafted actionable individual and collective next steps.

Webinar Recording


Health Coverage for All: What does that mean and what are the implications?

July 29, 2020

The webinar conversation about health coverage for all and the policy implications of the debate as the nation recovers from COVID-19 was co-hosted by Health Law and Policy Programs at UNH Law, the Institute for Health Policy and Practice and The Warren B. Rudman Center, in partnership with Granite State Progress and the New Hampshire Medical Society. Support for the event was generously provided by the Peter G. Peterson Foundation and the Endowment for Health.

Lucy Hodder, Professor of Law at UNH Franklin Pierce School of Law and the Director of Health Law and Policy Programs for the College of Health and Human Services, Institute for Health Policy and Practice and Robert L. Bixby, Executive Director of The Concord Coalition moderated the panel of experts.

Panelists included Charles Blahous, the J. Fish and Lillian F. Smith Chair and senior research strategist at the Mercatus Center at George Mason University, Patrick Ho, MD, MPH, president of the New Hampshire Psychiatric Society and chief resident in psychiatry at Dartmouth-Hitchcock, and Margarida Jorge, executive director of Health Care for America Now (HCAN). 


The Shifting health Care landscape

June 11-12, 2020 | 2-Part Series

IHPP hosted a 2-day virtual session to better understand the consumer experience and the State’s response to the COVID-19 pandemic.

close up of a sign
June 11: The Consumer Experience and State Policy Responses

On day 1 we heard fromLynn Quincy, Director of the Healthcare Value Hub at Altarum, and Trish Riley, Executive Director of the National Academy for State Health Policy (NASHP).

June 12: Engaging New Hampshire on Access and Affordability

On day 2 we hosted a facilitated discussion with key stakeholders from New Hampshire's Health Care system. We heard from Bobbie D Bagley, Director, City of Nashua Division of Public Health and Community Services, and Member, Governor’s COVID-19 Equity Response Team, Michelle McEwen, President/CEO of Speare Memorial Hospital and Member, Stakeholder Advisory Board, Governor’s Office for Emergency Relief and Recovery, Zandra Rice Hawkins, Executive Director of Granite State Progress, Kristine Stoddard, NH Director of Public Policy at Bi-State Primary Care Association, Adam Varley, Shareholder at Rath, Young and Pignatelli, P.C., and Marie Ramas, MD, Lamprey Health Care

Presentation

Recording


Health Care Costs: Key Federal and State Strategies

Friday April 5, 2019

Last Friday, UNH School of Law hosted a discussion of the nation's health care system, including federal and state responses and strategies to address cost growth.

US Senator Maggie Hassan was the keynote speaker, discussing federal strategies, health cost hearings before the Senate Committee on Health, Education, Labor and Pensions, legislation to combat “surprise billing”, and the importance of advocacy.  

Lucy Hodder, Director of Health Law and Policy Programs at UNH, moderated the panel of health policy experts including Joseph R. Antos, Ph.D., the American Enterprise Institute, Trish Riley, Executive Director of the National Academy for State Health Policy, and John E. McDonough, DrPH, MPA, Harvard T.H.Chan School of Public Health. The panel identified key trends in health cost growth, outlined key causes, discussed strategic solutions at the community, state and federal level, and debated policy options. Bob Bixby, Executive Director of the Concord Coalition, fielded questions from the audience and explained key budget pressures impacting the health care system.

The event was co-hosted by the Concord Coalition, the Warren Rudman Center for Justice, Leadership and Public Service at UNH School of Law, and Health Law and Policy Programs at UNH Law, Institute for Health Policy and Practice.  The event was sponsored by the Peter G. Peterson Foundation.

A program booklet will follow.

Click below to listen to the podcast

    Photo of Maggie Hassan and panelists at the Health Care Costs event on April 5, 2019. Senator Hassan was the keynote speaker,
    Audience photo from the Health Care Costs event

      3-Part Training on HIPAA, 42 CFR Part 2 and Patient Confidentiality

      Developed and Presented by Lucy Hodder

      Network4Health (IDN 4), Connections for Health (IDN 6), and Creating Connections New Hampshire hosted a series on patient/client confidentiality and 42 CFR Part 2.  The 3 interactive sessions combined some lecture with conversation, Q&A’s, and hypothetical situations to give attendees as much information as possible on changes and developments in the privacy of substance use disorder treatment records, and how these privacy rules effect day to day work. 

      This series is ideal for SUD and mental health practitioners, as well as those offering critical supports that operate in an integrated world of practice where sharing information may be important to the client’s recovery. Refresh your understanding of the rules in action, share your questions and concerns, integrate solutions into your practice goals, and develop ideas on how to support your team and those in recovery while protecting against stigma in practice.  

      42 CFR Part 2 – Session 1:  Confidentiality of Substance Use Disorder Patient Records: 42 CFR Part 2 Highlights – What do you need to know?
      42 CFR Part 2 – Session 2:  Sharing Information while protecting privacy as we communicate along the continuum of care
      42 CFR Part 2 – Session 3:  Training on the privacy of Health and sud Records: Important changes on the federal and state Level coming to hipaa/Part 2 that are important to substance use privacy

      Improving Clinical Communication for Student Mental Health

      FERPA, HIPAA, SUD confidentiality overview

      Multiple state and federal laws protect the privacy of health and substance use disorder treatment information and impact communications about patients between providers of health services, including school nurses and pediatricians. The following brief summaries of FERPA, HIPAA Privacy Rule and 42 CFR Part 2 were created to help support “Improving Community-Wide Communications for Students”, a program for school nurses, school administrators and primary care providers. FERPA, the Family Educational Rights and Privacy Act, protects student education records. HIPAA, the Health Insurance Portability and Accountability Act and its Privacy Rule, protects private health information. 42 CFR Part 2 protects confidential substance use disorder treatment records. 


      Substance Use Disorder Confidentiality and Updates to 42 CFR Part 2: A Two-Phase Series

      Lucy Hodder, JD and Lauren LaRochelle, JD, discuss the new and updated 42 CFR Part 2 rules protecting the confidentiality of Substance Use Disorder treatment information. These webinars are intended for SUD providers and their staff, particularly the NH Doorways and others receiving SOR funding. The webinars include an overview of patient information confidentiality rules, recent changes to 42 CFR Part 2, exceptions, compliance tips during COVID-19, applications to telehealth, and hypotheticals.

      SUD Confidentiality – Overview and Update for SOR and SUD providers: Introduction (Phase 1)
      SUD Confidentiality Rules in Practice – COVID 19, Telehealth, Hypotheticals and More (Phase 2)

      Privacy and Security: Know the Rules for Communication of Behavioral Health Information

      January 27, 2021

      Lucy Hodder presented and moderated this webinar as part of the Overcoming Obstacles Webinar Series hosted by the American Medical Association's Behavioral Health Integration (BHI) Collaborative. This interactive webinar provided an overview of the current behavioral health privacy and security landscape, reviewing what is safe, secure and permissible under applicable federal laws and regulations such as CFR 42 Part 2 and HIPAA.


      SAMHSA 42 CFR Part 2 Revised: Key Points for Health Centers on Rules Changes, What they Mean, and Health IT Considerations

      January 19, 2021

      Lucy Hodder, Director of Health Law and Policy at UNH Franklin Pierce School of Law, and Lauren LaRochelle JD, IHPP, presented this webinar as part of the Health Information Technology, Evaluation, and Quality Center (HITEQ) national training series on privacy and security for health centers. The HITEQ Center is a HRSA-funded National Training and Technical Assistance Partner (NTTAPs) that collaborates with HRSA partners including Health Center Controlled Networks, Primary Care Associations and other NTTAPs to engage health centers in the optimization of health IT to address key health center needs. This interactive webinar provided an overview of changes to substance use disorder information privacy (42 CFR Part 2) and other information and interoperability rules. Also presenting was the Center of Excellence for Protected Health Information.


      2018 Substance Use Confidentiality Bootcamp

      On March 20 and 27, 2018 the Health Law and Policy team hosted two sessions with the Department of Health and Human Services on the privacy of substance use disorder records and 42 CFR Part 2. The technical assistance sessions helped participants, including members of New Hampshire's DSRIP waiver Integrated Delivery Networks, managed care organizations, providers, data teams, and the State of New Hampshire evaluate appropriate regulatory pathways to allow for integrated care, treatment, and evaluation. Approximately 70 people participated during each session. Session activities included technical assistance on Part 2 and the new privacy regulations, information exchange mapping in breakout groups, a review of 42 CFR Part 2 and updates from the 2018 Final Rule.


      2017 Substance Use Confidentiality Bootcamp

      A Health Law and Policy team provided technical assistance to 6 of the 7 Integrated Delivery Networks in the form of educational and interprofessional bootcamps between May 15 and July 17, 2017 focusing on helping the IDNs to implement the new 42 CFR Part 2 regulations consistent with their integrated behavioral health practice goals and patient flow models.  Approximately 35 members of the IDN teams attended the boot camp sessions, along with representatives from DHHS. The Bootcamp was a combination of in-person guided meetings, webinars, and IDN team-based homework to provide technical assistance to Integrated Delivery Networks in a compressed period of events between May 15 and July 17, 2017.  The group produced draft policies and forms, a “work book” for implementation, and numerous educational guides.

      2023 Resource Guide: How to Access Mental Health and Substance Use Disorder Benefits

      The UNH Franklin Pierce School of Law, Institute for Health Policy and Practice in collaboration with New Futures released the 2023 updated Resource Guide for Consumers: How to Access Mental Health and Substance Use Disorder Benefits.

      Download the 2023 Resource guide

      Download the one-page quick guide

      Getting health insurance in a time of need can seem overwhelming. To help individuals and families obtain needed care, the Guide provides detailed information on how to navigate health insurance coverage for mental health and substance use disorders. The Guide provides a basic explanation of how to find treatment, enroll in health insurance, make sure treatment is covered and paid for,  and appeal when coverage is denied. It also includes a detailed section intended to assist providers in helping their clients and patients navigate this process.

      The 2023 Guide is updated and enhanced to reflect changes in the law and delivery system, particularly as it relates to benefits for children and the designation of 988 as the new three-digit dialing code for the nationwide Suicide and Crisis Lifeline.


      Accessing Mental Health & Substance Use Disorder Benefits Webinar

      Friday, April 24, 2020

      In this webinar, representatives from UNH Law/IHPP, New Futures, and the N.H. Department of Insurance reviewed the new Resource Guide and discussed how it can help individuals and families access needed treatment services. Specifically, we addressed: What’s new and changed in the Resource Guide, who do you contact with problems or questions, and tools and tips for accessing health insurance and treatment during and after COVID-19.

      Resource Guide Webinar Slides


      40th Annual Health Law Professors Conference

      Lucy Hodder attended the 40th Annual Health Law Professors Conference in Atlanta, Georgia, June 8-9, 2017. She was a panelist for the Health Care Financing and Regulation: Developments in Mental Health Parity and Addiction Equity: Enforcement, Guidance, and Implementation session.


      Article by Lucy Hodder

      Medicaid Return to Operations Update - One Pager

      Download the One Pager


      New Hampshire Medicaid “Unwind” Transition – End of Continuous Enrollment Update | Small Stakeholder Meetings

      may 12, 2023

      NH DHHS and UNH IHPP jointly hosted a stakeholder webinar to discuss the ongoing transition to regular Medicaid operations and the end of continuous coverage period. The discussion focused on how to help enrollees navigate to affordable health insurance coverage and new developments as the transition continues.

      Webinar Slides

      March 31, 2023

      NH DHHS and UNH IHPP jointly hosted a stakeholder webinar regarding the April 1 transition to regular Medicaid operations and the end of continuous coverage. The discussion focused on the latest resources available to help enrollees navigate to health insurance coverage, and information for community partners and beneficiaries about the transition.

      webinar slides

      Webinar Recording

      February 24, 2023

      NH DHHS and UNH IHPP jointly hosted a stakeholder webinar regarding the March 31, 2023 end of continuous coverage and the Medicaid transition (‘unwind’) in an effort to share the latest information and resources, as well as field questions from our community partners and beneficiaries.

      Webinar slides

      webinar recording


      Medicaid Continuous Coverage During the Pandemic: DHHS Strategies for Future Benefit Transitions | Stakeholder Meeting

      January 19, 2022

      IHPP Health Law and Policy programs hosted NH DHHS Medicaid leaders, including the Medicaid Director, Henry Lipman, Deputy Medicaid Director, Alyssa Cohen, and a cross-agency team, to discuss Medicaid continuous coverage transitions in 2022. Lucy Hodder, Director of Health Law and Policy Programs and Professor of Law, UNH Franklin Pierce School of Law and the Institute for Health Policy and Practice provided an introduction and overview. Deborah Fournier, Senior Associate, Health Law and Policy, facilitated the Q&A session at the end. Almost 300 attendees were present for the webinar.

      The webinar focused on the following: 

      • Update on federal actions impacting Medicaid continuous coverage transitions
      • Highlights from the Pink Letter and Update Your Address campaigns
      • Review of inreach and outreach efforts to individuals, families and providers
      • Information on how to get involved with outreach to beneficiaries

      Webinar Slides

      Webinar Recording


      Medicaid to Schools: Technical Assistance Guide

      December 2021

      The purpose of this Medicaid to Schools (MTS) Technical Assistance Guide is to memorialize in one document the formal existing rules and guidance approved by New Hampshire Department of Health and Human Services for the Medicaid to Schools program.  The Medicaid to Schools Program supports medical assistance services covered by the early and periodic screening, diagnostic and treatment benefit (EPSDT) by schools and education agencies to students. The MTS Technical Assistance Guide should be used as a primary resource for schools and MTS program staff. The administrative rules (He-W) and formal guidance in the form of “Information Bulletins” is referenced and categorized by topic.  The user can link internally to sections for clarification and can link to external sources for clarification.  This Technical Assistance Guide includes and summarizes only those resources that have been formally adopted by DHHS.

      Each section of this Technical Assistance Guide includes a summary of the applicable administrative rules promulgated by the Department for Medicaid to Schools services, as well as a reprint of the relevant portion of the rules. 

      This MTS Technical Assistance Guide also includes the guidance and Q&A documents published by the Department.  The Department’s guidance is quoted directly in each section to ensure fidelity to the regulatory interpretations provided, although sections may have been moved and paragraphs numbered or renumbered.  Please refer to the original guidance linked herein if you have questions. Each section includes a summary of the rule, the guidance, a restatement of the rule and a link to the Information Bulletin. Many subjects are linked, so a review of the table of contents is important.

      This MTS Technical Assistance Guide was created and contributed to by Lucy Hodder, JD, Kelsi West, Victoria Forkus from Health Law and Policy Programs, IHPP and the DHHS Medicaid to Schools Team, with appreciation to members of the JSI New Hampshire team.

      View the Guide


      DHHS Preparation for End of Federal Public Health Emergency: Impact on Medicaid and other Benefits | Stakeholder Meeting

      July 29,2021

      IHPP Health law and policy programs hosted DHHS Medicaid leaders to learn about the pending Medicaid enrollment transition that will be triggered by the end of the federal Public Health Emergency.
      The webinar focused on the following: 

      • Who will be impacted by the end of the Public Health Emergency?
      • What to do to prepare beneficiaries for transitions in eligibility?
      • What notices are beneficiaries receiving about their eligibility and the federal PHE?
      • What resources are available to help providers, beneficiaries and families?

      webinar slides

      webinar recording


      The Community Response to Medicaid Work and Community Engagement Requirements: Lessons from New Hampshire

      Report released May 2020

      UNH's Institute for Health Policy and Practice (IHPP) and Franklin Pierce School of Law have released a new report assessing New Hampshire’s Medicaid Work and Community Engagement Requirements and their impact on the state’s community providers.

      When the Work and Community Engagement Requirements were first implemented in 2019, they were costly for many community health organizations and confusing for beneficiaries, according to the report, “The Community Response to Medicaid Work and Community Engagement Requirements: Lessons from New Hampshire,” which was funded in part by the Robert Wood Johnson Foundation.  The work and community engagement requirements were suspended in July 2019 when implementation threated access to health insurance by thousands of Granite Staters. 

      The report reviews the history of the Work and Community Engagement Requirements (WACER), ending with the decision in the Philbrick v. Azar court case striking down the requirements. It also includes an assessment of the requirements’ substantial impact on community organizations, which were not predicted or fully assessed in the planning and implementation of the program.

      The research study was supported by funding from the Robert Wood Johnson Foundation (grant #76038). The views expressed within the report do not necessarily reflect those of the Foundation.

      Read the UNH today article

      read the report          


      July 2019 NH Medicaid Granite Advantage Program Update

      The Commissioner of NH DHHS temporarily suspended the Granite Advantage work and community engagement requirement.  The suspension will last until September 30, 2019. During the suspension period Granite Advantage beneficiaries will not lose coverage for failing to meet the work and community engagement requirement and do not need to report hours spent engaged in qualifying work or community engagement activities. 

      Read the July 2019 NH Medicaid Work Requirement Temporary Suspension memo.


      Granite Advantage Program Roundtables

      IHPP Health Law and Policy program hosted roundtable discussions with stakeholders on the Granite Advantage Program and the Work and Community Engagement Requirement.

      Additional information

      Presentation on New Hampshire’s Work and Community Engagement Requirement and its impact on community services. By Lucy C. Hodder, Director of Health Law and Policy at UNH's Institute for Health Policy and Practice: American Society of Law, Medicine & Ethics (ASLME) 2019 NH Medicaid Work Requirement

      Article by Lucy Hodder summarizing the federal court decision vacating Kentucky’s Medicaid waiver including its work and community engagement requirements and discussing what it might mean for New Hampshire: Stewart v. Azar- What Does It Mean For New Hampshire’s Medicaid Work and Community Engagement Requirement?


      Medicaid One-Pagers

      Jointly developed by the Institute for Health Policy and Practice and the NH Health Law and Policy Programs, the five overview documents below highlight the details of five state Medicaid programs - New Hampshire, Maine, Massachusetts, Rhode Island and Vermont. These overview documents were developed to provide a summary of each state’s population, currently eligibility guidelines, the history of each state’s program and more.


      New Hampshire Medicaid Policy Today and Tomorrow: Focusing on Value, A Research Symposium

      The New Hampshire Medicaid Program plays a key role in providing health insurance to people in NH and stabilizing our insurance market. Hosted by the UNH Health Law and Policy Programs/Institute for Health Policy and Practice at UNH, this Symposium featured an overview of NH Medicaid, research about the program's outcomes in managed care and with expansion populations, a review of value-based payment reform, and a discussion of key federal policy initiatives that may impact the future of the Medicaid Program.

      Review the NH Medicaid Today and Tomorrow summary booklet

      Videos from the symposium

      Health Care Affordability

      Lucy Hodder, JD, Director of Health Law and Policy and Ned Helms, former director of the Institute for Health Policy and Practice are quoted in the New Hampshire voters push Democratic candidates on health care article by Amy Goldstein in the Washington post. 


      Regulatory Barriers to Value-Based Payment Reform in NH: Stage 1


      Transparency and All-Payer Claims

      Model All-Payer Database Legislation

      The Health Law and Policy team has worked to enhance the public availability of critical healthcare claims data needed for the development of innovative public health and policy strategies across the country. With the APCD Council, the team published “Model All-Payer Claims Database Legislation.” The model legislation provides guidance for developing legislation for state all-payer claims database systems. The Health Law and Policy Team has helped draft briefs for SCOTUS comments to federal meetings and information for states and employers regarding the impact of the Gobeille decision on All Payer Claims Database efforts.

      The College of Health and Human Services co-sponsors an event with the Northern New England Association of Healthcare Executives. “Shaping the Future: Leadership and Public Policy in Health Care” brings together students, alumni and external health and human service partners to discuss the health systems’ role in formulating public policy, fostering talent management and bench strength within health care organizations, and improving mental health and addictions services for patients.

      Health Leader Forge has posted a podcast of the panel discussions and keynote presentation.

      Extended Coverage for Pregnant Women Rescue Plan

      May 19, 2021

      Read the brief


      December 17, 2020

      view the legal primer

      For additional background, tools and resources on New Hampshire’s POSC, please visit the NH Perinatal Substance Exposure Collaborative webpage.


      What is a Plan of Safe Care? An Introduction to Best Practices for Mothers and Infants Exposed to Substances in New Hampshire

      Developed by Lucy Hodder, JD, Director of Health Law and Policy, David Laflamme, PhD, MPH, Research Assistant Professor and State Maternal and Child Health Epidemiologist, this presentation and webinar were created to provide background information on Plans of Safe Care (POSC) as part of the work of the NH Governor's Commission on Alcohol and Other Drugs Perinatal Substance Exposure Task Force. 

      The goal is to inform providers and community organizations about Plans of Safe Care and NH's implementation process in order to connect new moms and families with supports and services when they leave the hospital.

      presentation slides

      webinar recording

      For additional materials on Plans of Safe Care, please visit the NH Perinatal Substance Exposure Collaborative webpage.

      Set it in Stone: Investing in 21st Century Broadband in New Hampshire to Secure Telehealth for All Residents

      Written by Deborah H. Fournier, JD, Senior Associate, Health Law and Policy Programs, UNH Franklin Pierce School of Law, Institute for Health Policy and Practice, this paper highlights the need for New Hampshire to determine where it should invest broadband resources to close the digital divide that exists in the State between those who have internet access and those who do not; and equally as important, what modality of broadband infrastructure should be invested in to ensure equitable access to telehealth across New Hampshire and optimize broadband in the Granite State for the next 20-30 years. 

      Read the Brief

      NH Purchasers Group on Health logo

      The NH Purchasers Group on Health is a Coalition of public purchasers working to improve quality and efficient, effective healthcare and share best practices on areas of benefits, wellness, and contracts. Institute for Health Policy and Practice (IHPP) provides facilitation and staffing for NHPGH to advance their goals, apprise them of best practices and market data, and bring in expert resources on a project-specific basis. For more information about the NH Purchasers Group on Health, call (603) 862-1128 or email info@nhpgh.org.

      The NH Hospital Scorecard is sponsored by the NH Purchasers Group on Health; it highlights the quality and cost of healthcare in our state, and is an effort to get the public and the systems that provide medical care involved in a conversation about what we can collectively do to improve quality and cost.

      COVID-19

      Advance Child Tax Credits start July 2021 as part of the federal COVID19 relief package.  Find out what you need to know.

      read the summary

      WEDNESDAY, APRIL 15, 2020

      Lucy Hodder joined Chase Hagaman on Facing the Future to discuss the COVID-19 pandemic's impact on the nation's health care system, as well as how states are responding to it and using federal relief funds.

      Listen Now

      THURSDAY, FEBRUARY 27, 2020

      With the worldwide spreading of the coronavirus, Professor Lucy Hodder discusses the response the US federal government and states can take to contain disease outbreaks, especially using emergency response powers. 

      Listen to the podcast

      Resources and Publications

      2023 Resource Guide for Consumers cover page
      2023 Resource Guide: How to Access Mental Health and Substance Use Disorder Benefits

      July 2023

      The UNH Franklin Pierce School of Law, Institute for Health Policy and Practice in collaboration with New Futures released the 2023 updated Resource Guide for Consumers: How to Access Mental Health and Substance Use Disorder Benefits.

      2023 Resource Guide: How to Access Mental Health and Substance Use Disorder Benefits

      One Page Quick Guide

      screenshot of first page of slide deck
      Medicaid Transition Small Stakeholder Meeting

      February 2023

      NH DHHS and UNH IHPP jointly hosted a stakeholder webinar regarding the March 31, 2023 end of continuous coverage and the Medicaid transition (‘unwind’) in an effort to share the latest information and resources, as well as field questions from our community partners and beneficiaries.

      Medicaid Transition Small Stakeholder Meeting

      cover page of booklet
      Annual Health Law & Policy Event Summary (Equitable and Affordable Healthcare: A Shared Responsibility)

      December 2022

      At long last, health care providers and suppliers seeking to use patient incentives for contingency management to support evidenced based treatment for substance use disorder patients have guidance on how to minimize risk of fraud and abuse. Advisory Opinion, Office of Inspector General (OIG), posted March 2, 2022. Read about the risks, compliance tips and details.

      Annual Health Law & Policy Event Summary (Equitable and Affordable Healthcare: A Shared Responsibility)

      screenshot of first page of report
      Legal Update on Fraud and Abuse Opinion on Contingency Management Program UNH Law

      March 2022

      At long last, health care providers and suppliers seeking to use patient incentives for contingency management to support evidenced based treatment for substance use disorder patients have guidance on how to minimize risk of fraud and abuse. Advisory Opinion, Office of Inspector General (OIG), posted March 2, 2022. Read about the risks, compliance tips and details.

      Legal Update on Fraud and Abuse Opinion on Contingency Management Program UNH Law

      investing-in-21st-century-broadband
      Set it in Stone: Investing in 21st Century Broadband in New Hampshire to Secure Telehealth for All Residents

      January 2021

      Description: The paper highlights the need for New Hampshire to determine where it should invest broadband resources to close the digital divide that exists in the State between those who have internet access and those who do not; and equally as important, what modality of broadband infrastructure should be invested in to ensure equitable access to telehealth across New Hampshire and optimize broadband in the Granite State for the next 20-30 years.

      Set it in Stone: Investing in 21st Century Broadband in New Hampshire to Secure Telehealth for All Residents

      Advance Child Tax Credit
      Advance Child Tax Credit

      2021

      Advance Child Tax Credits start July 2021 as part of the federal COVID-19 relief package. Find out what you need to know.

      Advance Child Tax Credit

      The Community Reponse to Medicaid Work and Community Engagement Requirements: Lessons from New Hampshire
      The Community Response to Medicaid Work and Community Engagement Requirements: Lessons from New Hampshire

      May 2020

      As part of the Medicaid expansion adopted in New Hampshire, the New Hampshire Department of Health and Human Services received waiver approval from the Centers for Medicaid and Medicare Services to implement Work and Community Engagement Requirements (WACER). This project explores the impact of the implementation of WACER on operations and infrastructure of community organizations. As well as exploring the expectations of "effort" by providers and community organizations to engage beneficiaries in the requirements.

      The Community Response to Medicaid Work and Community Engagement Requirements: Lessons from New Hampshire

      July 2019 NH Medicaid Work Requirement Temporary Suspension
      July 2019 NH Medicaid Work Requirement Temporary Suspension

      July 2019

      On July 8th, 2019 NH Department of Health and Human Services Commissioner Meyers suspended the Granite Advantage Program's Work and Community Engagement Requirements until September 30th, 2019. Here you will find the following questions answered: what does this mean for Granite Advantage Beneficiaries? What does this mean for providers? Why was the work requirement suspended? And, the status of the federal case Philbrick v. Azar.

      July 2019 NH Medicaid Work Requirement Temporary Suspension

      American Society of Law, Medicine & Ethics (ASLME) 2019 NH Medicaid Work Requirement
      American Society of Law, Medicine & Ethics (ASLME) 2019 NH Medicaid Work Requirement

      June 2019

      American Society of Law, Medicine, & Ethics in this report details changes in Medicaid Expansion in NH, the Granite Advantage Program, and the procedural history of implementation of Medicaid Expansion and the Work and Community Engagement Requirement (WACER)

      American Society of Law, Medicine & Ethics (ASLME) 2019 NH Medicaid Work Requirement

      Hospital Mergers Regulatory Review for NH Senate Judiciary
      Hospital Mergers Regulatory Review for NH Senate Judiciary

      May 2019

      A review of the recent merger/affiliation activity in the Northern New England region, as well as regulations and requirements in New Hampshire and nearby states.

      Hospital Mergers Regulatory Review for NH Senate Judiciary

      NH Medicaid Work Requirement Roundtable
      April 17, 2019 - NH Medicaid Work Requirement Roundtable

      April 2019

      In this program Granite Advantage rules updates are discussed along with updates on key outreach and planned outreach activities. Following is provider, member, and stakeholder feedback, ending with online resources and a discussion on the digital outreach campaign.

      April 17, 2019 | NH Medicaid Work Requirement Roundtable

      Podcast Regulatory and Reimbursement Implications for Development of Engineered Tissue and Organs
      Podcast Regulatory and Reimbursement Implications for Development of Engineered Tissue and Organs

      September 2019

      Professor Lucy Hodder presented at ARMI/BioFab USA's 2018 Fall Summit on "Understanding the Regulatory and Reimbursement Implications for Development of Engineered Tissue and Organs." Learn about her presentation and the work of BioFab USA. Produced and Hosted by A. J. Kierstead.

      Podcast Regulatory and Reimbursement Implications for Development of Engineered Tissue and Organs

      Stewart v. Azar
      Stewart v. Azar - What Does It Mean For New Hampshire's Medicaid Work and Community Engagement Requirement?

      July 2018

      On June 29, 2018, the United States District Court in D.C. overturned Kentucky’s approved Medicaid work and community engagement requirements as inconsistent with Medicaid’s primary objective to provide medical assistance to those who can’t afford it. New Hampshire, as well as Arkansas and Indiana, have approved Section 1115 waivers requiring certain Medicaid populations to work as a condition of eligibility. While the Stewart decision does not directly overturn such waiver approvals, it raises questions about what would happen if these waivers were challenged on similar grounds.

      Stewart v. Azar- What Does It Mean For New Hampshire's Medicaid Work and Community Engagement Requirement?

      NH Medicaid Long Term Care Quick Facts
      NH Medicaid Long Term Care Quick Facts

      June 2018

      NH provides Long Term Services and Supports in the form of nursing home care to eligible persons with limited financial resources. This brief breaks down the funding and reimbursement of long term care in NH.

      NH Medicaid Long Term Care Quick Facts

      Key NH and Federal Statutes Regulating Health Care Delivery and Payment
      Key NH and Federal Statutes Regulating Health Care Delivery and Payment

      October 2017

      Summary of New Hampshire and Federal Regulations by Subject Matter. Chart of New Hampshire State Agency Responsibilities Federal Laws and Regulation: An Index.

      Key NH and Federal Statutes Regulating Health Care Delivery and Payment

      Substance Use Disorder Privacy Workbook: 42 CFR Part 2
      Substance Use Disorder Privacy Workbook: 42 CFR Part 2

      September 2017

      The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects. A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD) Treatment Confidentiality Boot Camp sessions providing technical assistance to assist each IDN partner with their SUD confidentiality project goals. The “boot camp” consisted of several guided meetings with assigned homework to follow, leading to the ultimate development of processes, plans, and draft forms and policies to implement Part 2 confidentiality. The process incorporated learning from the Citizens Health Initiative’s existing New Hampshire Behavioral Health Integration Learning Collaborative.

      Substance Use Disorder Privacy Workbook: 42 CFR Part 2

      NH Medicaid Today and Tomorrow Summary Booklet
      NH Medicaid Today and Tomorrow Summary Booklet

      May 2017

      This summary provides an overview of “New Hampshire Medicaid Today and Tomorrow: Focusing on Value,” a daylong symposium hosted by the Institute for Health Policy and Practice at the University of New Hampshire School of Law on May 31, 2017. The event brought together over 180 participants from across the state including state and federal government agencies, managed care organizations, policy makers, researchers and academics, industry experts, advocacy groups and consumers.

      NH Medicaid Today and Tomorrow Summary Booklet 

      Medicaid One-Pagers
      Medicaid one-pagers

      March 2017

      Jointly developed by the Institute for Health Policy and Practice and the NH Health Law and Policy Programs, the documents below highlight the details of five state Medicaid programs - New Hampshire, Maine, Massachusetts, Rhode Island, and Vermont. These overview documents were developed to provide a summary of each state's population, current eligibility guidelines, the history of each state's program and more. 

      Podcast: Shaping the Future: Leadership and Public Policy in Health Care
      Podcast: Shaping the Future: Leadership and Public Policy in Health Care

      October 2016

      The College of Health and Human Services and the Northern New England Association of Healthcare Executives hosted a special event at the University of New Hampshire, Shaping the Future: Leadership and Public Policy in Healthcare. This event held two panels; the first titled Talent Management for Bench Strength Development moderated by Mark Bonica. The Second Panel held was moderated by Lucy Hodder and was titled the Healthcare Organization's Role in Formulating Public Policy.

      Podcast: Shaping the Future: Leadership and Public Policy in Health Care

      Gobeille v. Liberty Mutual
      Gobeille v. Liberty Mutual: Who Controls Health Cost Data?

      January 2016

      This article by Lucy Hodder highlights the then ongoing legal dispute of Gobeille v Liberty Mutual concerning the ERISA act and All-Payer Claims Data reporting.

      Gobeille v. Liberty Mutual: Who Controls Health Cost Data?

      King v. Burwell
      King v. Burwell Article

      June 2015

      Law Professor Lucy Hodder talks of Supreme Court case King v. Burwell concerning whether if the Internal Revenue Service permissibly created a regulation that extended the tax credits the Affordable Care Act authorized to federal exchanges as well as those created by the states?

      King v. Burwell Article

      APCD Model Legislation
      Model All-Payer Claims Database Legislation

      May 2015

      This document provides model legislation for APCD program development, based on the review of existing state APCD legislation (15 states at the time of the writing), analysis of other key federal and state regulations and statutes related to data collection and release and state experience with the legislative process.

      Model All-Payer Claims Database Legislation

      The Mental Health Parity and Addiction Equity Act: What Parity Means for New Hampshire Article
      The Mental Health Parity and Addiction Equity Act: What Parity Means for New Hampshire Article

      January 2015

      Law Professor Lucy Hodder shines light on the new opportunity for New Hampshire lawyers to help their clients and colleagues by decreasing the barriers to accessing treatment and coverage. UNH Health Law and Policy Program in collaboration with New Futures has put together a guide answering common questions and offering free tips, read this article to learn more about it.

      The Mental Health Parity and Addiction Equity Act: What Parity Means for New Hampshire Article

      In health policy, things change by the minute! Federal, state, local litigation, legislation, regulation and policy responses impact the future of our Granite State.  “Did You Know” offers our readers brief updates on our perspective of what’s new, what changed and how it impacts life in New Hampshire. From the obscure to the obvious, we want you to know!

      UNH Healthcare Vitals is produced by the UNH Franklin Pierce School of Law Health Law and Policy Programs and UNH Institute for Health Policy and Practice. It is written by Director of Health Law and Policy at IHPP and consultant Lucy Hodder, JD.

      UNH Healthcare Vitals Blog