Health Law and Policy

Recent Event:
The Shifting Health Care Landscape
close up of a sign

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

June 11: The Consumer Experience and State Policy Responses

On day 1 we heard from:

  • Lynn QuincyDirector of the Healthcare Value Hub at Altarum
  • Trish RileyExecutive Director of the National Academy for State Health Policy (NASHP).
  • Presentation
  • Recording

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.
  • Marie Ramas, MD, Lamprey Health Care
  • Presentation
  • Recording

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. This program is a collaboration between UNH School of Law and the Institute for Health Policy and Practice. The institute also provides resources including integrated 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 Lucy Hodder at

Learn more about UNH Law’s Health Law & Policy Program

The on-campus Health Law & Policy Certificate Program is a collaboration between the UNH School of Law, UNH’s College of Health and Human Services, and the Institute for Health Policy and Practice. UNH Law students gain an understanding of the healthcare marketplace through a focused core curriculum and the opportunity to select optional course credits, legal residencies, capstones and other independent projects that result in a complete and interdisciplinary health law 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


    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


    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

    Projects and Initiatives

    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.

    2020 Resource Guide for Consumers: How to Access Mental Health and Substance Use Disorder Benefits

    Download the 2020 Resource guide

    Download the one-page quick guide

    The UNH Franklin Pierce School of Law, Institute for Health Policy and Practice in collaboration with New Futures released the 2020 updated Resource Guide for Consumers: How to Access Mental Health and Substance Use Disorder Benefits.

    Getting health insurance in a time of need can seem overwhelming, and may seem especially so during the COVID-19 pandemic. To help consumers obtain needed care, the Guide provides detailed information on how to navigate health insurance coverage for mental health and substance use disorders. The Guide addresses how to find treatment, enroll in health insurance, make sure treatment is covered,  and appeal when coverage is denied.

    The 2020 Guide is updated and enhanced to reflect consumer feedback and changes in law and practice. It now includes information about New Hampshire’s three Medicaid Managed Care Organizations, the Doorways, and other resources for both substance use and mental health, as well as a more detailed section intended to assist providers in helping their clients and patients. Providers can use the Guide for instructions on how to assist patients in getting the health insurance and treatment they need.

    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

    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

    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


    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). 

    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


        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.

        Developing Plans of Safe and Supportive Care for High Risk Families in New Hampshire: Legal Update, Supporting mothers and infants born exposed to substances

        December 17, 2020

        presentation slides

        For additional background, tools and resources on New Hampshire’s POSC, please visit the Perinatal  Substance Exposure Task Force of the Governor’s Commission on Alcohol and other Drugs.

        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 Governor's Commission on Alcohol and Other Drugs Perinatal Substance Exposure Task Force webpage.

        Resources and Publications