L&P: The Supreme Court’s Health Care Decision: First Impressions on the ACA Opinion

Monday, July 2 2012
10:00 am – 11:00 am

Location: Conference Call


Click here to read the Supreme Court's decision online. 


PLEASE NOTE: Questions will be accepted now through the duration of the call.  


Please email all questions to Lauren Perna at lauren.perna@massbio.org with the subject line "Law and Policy Call" or "ACA Call."  


All questions will be filtered to the moderators, who will select questions for the panelists to answer at the end of the panel discussion.  



This event will be held as a conference call and the call will be taped. Please register in advance so we can send any necessary information to you.

The U.S. Supreme Court’s opinion on the constitutionality of the Affordable Care Act (ACA) is expected shortly, with most observers anticipating a decision at the end of June.  Regardless of the outcome, our expert panelists will offer their first impressions of the Court’s ruling, including key insights as to what the decision means for both the biotechnology industry and for the future of national health reform.


  • Frances Miller, Professor of Law Emerita, Boston University School of Law
  • Thomas Barker, Partner, Foley Hoag LLP


****This event will be held as a conference call.***

Call-in information: 877-746-4263

Participant Code: 0224328#



Thomas Barker, Partner, Foley Hoag LLP and Former Acting General Counsel, U.S. Department of Health & Human Services

Thomas Barker is a partner at Foley Hoag LLP, where his practice focuses on complex federal and state health care legal and regulatory matters. These include Medicare and Medicaid reimbursement issues for innovator pharmaceutical products; legal, regulatory and strategic advice for Medicare providers (including dialysis facilities, medical device manufacturers, and innovator pharmaceutical companies); crisis counseling and legal advice to Medicare Advantage and Medicare Part D plans undergoing CMS audits; and counseling clients on the multiple changes to health care laws that have occurred as a result of the Affordable Care Act. Prior to joining Foley Hoag, Thomas was acting General Counsel at the United States Department of Health and Human Services (HHS).

Frances Miller, Professor of Law Emerita, Boston University School of Law

Frances H. Miller has been Visiting Professor of Law at the University of Hawaii since 2008, and Professor of Law at Boston University’s School of Law since 1975.  She has taught courses on Health Law, Food & Drug Law, Antitrust in the Health Sector, The Business of Health Care, Health Care Resource Allocation, Trusts & Estates, Family Law, and Estate Planning.  She has also served since 1983 as Professor of Public Health at the Boston University School of Public Health, and in 1997 was appointed Professor of Health Care Management at Boston University's School of Management as well.  She was Of Counsel to the Boston Law Firm of Nutter, McClennen & Fish from 1993 - 2009. 

Professor Miller is a cum laude graduate of Boston University School of Law and earned her undergraduate degree from Mount Holyoke College, where she majored in political science and economics.  She also studied international economic law at the London School of Economics.  Appointed a Fulbright Scholar for 1991 and again for 1998, and awarded a Kellogg Foundation Fellowship from 1983 - 1986, she has written widely for law review publications and medical journals focusing on health care issues, including antitrust in the health sector and food & drug law.  A specialist on comparative health systems, she has held visiting appointments at Cambridge and Oxford Universities and the London School of Economics, as well as at the University of Queensland in Australia.  She was a Visiting Professor at the University of Houston in 2006, and has been Visiting Professor of Law at the University of Hawaii since 2008.  

Professor Miller has twice been a trustee of Mount Holyoke College, and was a trustee of the Joslin Diabetes Center for nine years.  She also served as a member or Chair of the Health Facilities Appeals Board (Certificate of Need Appeals Agency for the Commonwealth of Massachusetts) for the better part of two decades.  In addition she serves on the Institutional Review Board of Partners Health Care System, and is a former Commissioner of the Massachusetts Rate Setting Commission.  In 1993 she was a consultant to the White House Task Force on Health Care Reform.  In addition, she was a major contributor to and starred in two PBS television series on estate and financial planning, "This is My Will" and "Fiscal Fitness."

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