Kristin Madison, J.D., Ph.D
Professor
Department of Health Sciences, Faculty, School of Law
Office: 52 Cargill
Email: [email protected]
Phone: 617-373-4551
Jointly appointed in the Bouvé College of Health Sciences and the School of Law, Professor Madison applies an interdisciplinary perspective to her research and teaching in health law, health policy, and health economics. Her recent research topics include the use of financial incentives to encourage healthy behaviors and the implications of health care quality reporting for health care law and policy. She has published work in Health Affairs, Health Services Research, JAMA, the American Journal of Preventive Medicine, the Community Mental Health Journal, the Journal of Law, Medicine & Ethics, the UC Davis Law Review, the North Carolina Law Review, and the University of Pennsylvania Law Review, among other journals. Professor Madison joined the Northeastern faculty in 2011 from the University of Pennsylvania Law School, where she had been a member of the faculty for ten years. She has a J.D. from Yale Law School and a Ph.D. in Economics from Stanford University.
For a fuller description of Professor Madison’s legal research, please visit her School of Law webpage.
Education/degrees:
B.A., University of California at Berkeley, 1992
J.D., Yale Law School, 2000
Ph.D., Economics, Stanford University, 2001
Research Interests:
Health Law
Health Care Quality
Health Incentives
Courses:
Health Care Law
Health Policy
Economic Perspectives on Health Policy
Selected Research/Scholarship Projects:
- The Risks of Using Workplace Wellness Programs to Foster a Culture of Health, 35 Health Aff. 2068 (2016). There is widespread interest in promoting a culture of health. Employers could contribute to such efforts by taking actions that support healthier lifestyles, but their actions may also entail risks. This article identifies risks of workplace wellness programs and describes how federal law has addressed them.
- Health Care Quality Reporting: A Failed Form of Mandated Disclosure?, 13 Ind. Health L. Rev. 310 (2016). Legal scholars have heavily criticized the adoption of mandated disclosure as a regulatory tool. This article responds to this criticism by examining the benefits and drawbacks of health care quality report cards as a form of disclosure. It emphasizes the challenges of assessing the “success” of reporting mandates that are intended to achieve multiple objectives.
- “Legal and Policy Issues in Measuring and Improving Quality,” in The Oxford Handbook of U.S. Healthcare Law (I. Glenn Cohen, Allison K. Hoffman & William M. Sage eds., 2016). This book chapter discusses legal and policy tools that can be used to ensure that health care quality measurement functions effectively.
- “Employer Wellness Incentives, the ACA, and the ADA: Reconciling Policy Objectives,” 51 Willamette L. Rev. 407 (2015). This article explores the tensions between policymakers’ desire to support the growth of employer wellness programs and their concern about such programs’ potentially discriminatory effects. After describing the history of wellness programs and their regulation, the article considers whether the Equal Employment Opportunity Commission’s recently proposed rules under the Americans with Disabilities Act are appropriately tailored to achieve the ADA’s policy goals.
- “Donabedian’s Legacy: The Future of Health Care Quality Law & Policy,” Indiana Health Law Review (2013). Over the last century, the goal of health care quality regulation has shifted from addressing quality deficiencies to supporting health care quality improvement. This article describes this shift and explores its implications for current and future health care law and policy.
- “Smoking, Obesity, Health Insurance, and Health Incentives in the Affordable Care Act,” 310 JAMA 143 (2013) (with Harald Schmidt & Kevin G. Volpp). This article explains how the Affordable Care Act promotes the use of health incentives in both public and private insurance, while at the same time imposing limits on incentive use that vary by insurance type. It suggests that the varying approaches to health incentives may reflect uncertainty about incentives’ effects, and calls for more research in this area. Smoking, Obesity, Health Insurance, and Health Incentives in the Affordable Care Act
Selected Publications:
The Risks of Using Workplace Wellness Programs to Foster a Culture of Health, 35 Health Aff. 2068 (2016).
Health Care Quality Reporting: A Failed Form of Mandated Disclosure?, 13 Ind. Health L. Rev. 310 (2016).
Legal & Policy Issues in Measuring and Improving Quality, in The Oxford Handbook of U.S. Healthcare Law (I. Glenn Cohen, Allison K. Hoffman & William M. Sage eds., 2016).
The EEOC’s Role in Reshaping Wellness Programs, Health Affairs Blog (March 17, 2016).
Employer Wellness Incentives, the ACA, and the ADA: Reconciling Policy Objectives, 51 Willamette L. Rev. 407 (2015).
Kristin Madison, The ACA, the ADA, and Wellness Program Incentives, Health Affairs Blog (May 13, 2015).
Kristin Madison, Harald Schmidt & Kevin G. Volpp, Using Reporting Requirements to Improve Employer Wellness Incentives and Their Regulation, 39 J. Health Pol. Pol’y & L. 1013 (2014).
Kristin Madison, Health Regulators as Data Stewards, 92 N.C. L. Rev. 1605 (2014).
Kristin Madison, Building a Better Laboratory: The Federal Role in Promoting Health System Experimentation, 41 Pepp. L. Rev. 765 (2014).
Kristin Madison, Donabedian’s Legacy: The Future of Health Care Quality Law & Policy, 10 Ind. Health L. Rev. 325 (2013).
Kristin Madison, Harald Schmidt & Kevin G. Volpp, Smoking, Obesity, Health Insurance, and Health Incentives in the Affordable Care Act, 310 JAMA143 (2013).
Kristin Madison, Legal Issues in Health Care Quality Reporting, Lahey Clinic Journal of Medical Ethics, Winter 2012, at 4.
Kristin Madison, Peter D. Jacobson & Gary Young, Health Policy and Regulation, in Shortell and Kaluzny’s Health Care Management: Organization, Design, and Behavior (Lawton Burns, Elizabeth Bradley, & Bryan Weiner eds. 6th ed. 2011).
Kristin Madison & Mark Hall, Quality Regulation in the Information Age: Challenges for Medical Professionalism, in Medical Professionalism in the New Information Age (David J. Rothman & David Blumenthal eds., 2010).
Kristin Madison, Defragmenting Health Care Delivery Through Quality Reporting, in The Fragmentation of U.S. Health Care: Causes and Solutions (Einer R. Elhauge ed., 2010).
Kristin Madison, Patients as “Regulators”?: Patients’ Evolving Influence Over Health Care Delivery, 31 J. Legal Med. 9 (2010).
Scott D. Halpern, Kristin M. Madison & Kevin G. Volpp, Patients as Mercenaries?: The Ethics of Using Financial Incentives in the War on Unhealthy Behaviors, 2 Circulation: Cardiovascular Quality & Outcomes 514 (2009).
Peter D. Ehrenkranz, José A. Pagán, Elizabeth M. Begier, Benjamin P. Linas, Kristin Madison & Katrina Armstrong, Written Informed-Consent Statutes and HIV Testing, 37 Am. J. Preventive Med. 57 (2009).
Kristin Madison, The Law and Policy of Health Care Quality Reporting, 31 Campbell L. Rev. 215 (2009).
Kristin Madison, Hospital Mergers in an Era of Quality Improvement, 7 Hous. J. Health L. & Pol’y265 (2007).
Kristin Madison & Peter D. Jacobson, Debate, Consumer-Directed Health Care, 156 U. Pa. L. Rev. PENNumbra 107 (2007), http://www.pennumbra.com/debates/CDHC.pdf.
Kristin Madison, Regulating Health Care Quality in an Information Age, 40 U.C. Davis L. Rev. 1577 (2007).
Kristin Madison, ERISA and Liability for Provision of Medical Information, 84 N.C. L. Rev.471 (2006).
Kristin Madison, The Residency Match: Competitive Restraints in an Imperfect World, 42 Hous. L. Rev. 759 (2005).
Kristin Madison, Multihospital Systems and Patient Treatments, Expenditures, and Outcomes, 39 Health Services Res. 749 (2004).
Kristin Madison, Hospital-Physician Affiliations and Patient Treatments, Expenditures, and Outcomes, 39 Health Services Res. 257 (2004).