Kristin M. MadisonProfessor of Law and Health Sciences
University of California, Berkeley, BA 1992
Yale University, JD 2000
Stanford University, PhD 2001
Mail: 400 Huntington Avenue
Boston, MA 02115
Professor Madison holds a joint appointment in the School of Law and the Bouvé College of Health Sciences. Her primary research is in the areas of health law, health policy and health economics.
After receiving her undergraduate degree from the University of California at Berkeley, Professor Madison worked for two years as a research assistant with the health care consulting firm now known as the Lewin Group. She then received a JD from Yale Law School and a PhD in economics from Stanford University before joining the faculty of the University of Pennsylvania Law School in 2001. She joined the Northeastern faculty in 2011.
Much of Professor Madison’s work evaluates the implications of the health care data revolution for patients, providers and regulators. In “Regulating Health Care Quality in an Information Age,” Professor Madison argues that the health care information revolution will produce a shift from more traditional market-displacing regulation to more market-oriented regulatory approaches. In “Hospital Mergers in an Era of Quality Improvement,” she examines the use of quality measures in antitrust litigation. In “The Law and Policy of Quality Reporting,” she explores the theory and practice of health care quality reporting and comments on settlement agreements related to insurers' provider rating mechanisms. In “From HCQIA to the ACA: The Evolution of Reporting as a Quality Improvement Tool,” she explains how two different types of reporting, health care quality reporting and physician-related reporting to the National Practitioner Data Bank, could be combined to improve health care quality. In “Donabedian's Legacy,” she documents the increasing focus on quality issues over time and discusses the way quality law and policy might change in the future. In “Building a Better Laboratory,” she examines how federal policy makers currently support health system experimentation and suggests how they might promote even more. In “Health Regulators as Data Stewards,” she describes federal policies that make data bigger (through data generation, collection, aggregation, facilitation, and funding) and smaller (through initiatives that analyze and distill data). She argues that as data stewards, health care regulators should develop and manage data so as to inform their own regulatory decisions.
Professor Madison has also written on a variety of other health-related topics. Her most recent work involves analysis of the law and policy of employer incentives for healthy behaviors, such as insurance premium or copayment differentials tied to employees' weight or smoking status.
Fields of Expertise
- Health Law
- Economics and the Law
- "The ACA, The ADA, And Wellness Program Incentives," Health Affairs Blog (May 13, 2015)
- "Using Reporting Requirements to Improve Employer Wellness Incentives and Their Regulation," 39 Journal of Health Politics, Policy & Law (2014)
- "Health Regulators as Data Stewards," 92 North Carolina Law Review 1605 (2014)
- "Building a Better Laboratory: The Federal Role in Promoting Health System Experimentation," 41 Pepperdine Law Review 765 (2014)
- "Smoking, Obesity, Health Insurance, and Health Incentives in the Affordable Care Act," 310 JAMA 143 (2013) (with Harald Schmidt & Kevin G. Volpp)
- "Donabedian’s Legacy: The Future of health Care Quality Law & Policy," Indiana Health Law Review Vol. 10.2 (2013)
- “From HCQIA to the ACA: The Evolution of Reporting as a Quality Improvement Tool," 33 Journal of Legal Medicine 63 (2012).
- “The Law, Policy & Ethics of Employers' Use of Financial Incentives to Improve Health," 39 Journal of Law, Medicine and Ethics 450 (2011) (with Kevin G. Volpp & Scott D. Halpern) (draft version: June 2011)
- “Rethinking Fraud Regulation by Rethinking the Health Care System," 32 Hamline Journal of Public Law & Policy 411 (2011).
- “Patients as “Regulators”?: Patients' Evolving Influence Over Health Care Delivery,” 31 Journal of Legal Medicine 9 (2010)
- “Written Informed-Consent Statutes and HIV Testing,” 37 American Journal of Preventive Medicine 57 (2009) (with Peter Ehrenkranz et al.)
- “The Law and Policy of Health Care Quality Reporting,” 31 Campbell Law Review 215 (2009)
- “Hospital Mergers in an Era of Quality Improvement,” 7 Houston Journal of Health Law & Policy 265 (2007)
- “Regulating Health Care Quality in an Information Age,” 40 University of California-Davis Law Review 1577 (2007)
- “ERISA and Liability for Provision of Medical Information,” 84 North Carolina Law Review 471 (2006)
- “The Residency Match: Competitive Restraints in an Imperfect World,” 42 Houston Law Review 759 (2005)
- “Multihospital Systems and Patient Treatments, Expenditures, and Outcomes,” 39 Health Services Research 749 (2004)
- “Hospital-Physician Affiliations and Patient Treatments, Expenditures, and Outcomes,” 39 Health Services Research 257 (2004)
- “Health Policy and Regulation,” in Shortell and Kaluzny’s Health Care Management: Organization, Design, and Behavior (6th ed., 2012) (with Peter D. Jacobson & Gary Young)
- “Defragmenting Health Care Delivery Through Quality Reporting,” in The Fragmentation of U.S. Health Care: Causes and Solutions (Einer R. Elhauge ed., 2010)
- “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) (with Mark Hall)