Elizabeth McCuskey, JD
Professor, Health Law, Policy & Management - Boston University School of Public Health
Biography
Professor McCuskey's research focuses on regulatory reforms for health equity and courts’ roles in securing those reforms. She has nationally-recognized expertise in state-level health reforms and the role of employer-sponsored insurance in universal access plans, especially ERISA preemptions issues. She advises state legislative task forces on preemption issues in the design of health reforms. Her scholarship appears in legal academic journals including Columbia Law Review, The University of Pennsylvania Law Review, The University of California Davis Law Review, The Ohio State Law Journal, Temple Law Review, Nevada Law Journal, and Nebraska Law Review, in addition to the peer-reviewed interdisciplinary Journal of Law, Medicine, & Ethics, the Journal of Legal Medicine, and the N.Y.U. Review of Employee Benefits and Executive Compensation. Her work on ERISA preemption and state health reform was featured on Health Affairs Forefront and by The Commonwealth Fund and she has covered FDA preemption for SCOTUSBlog. Professor McCuskey was a 2023 Brocher Foundation Scholar-in-Residence in Switzerland. The American Society for Law, Medicine, & Ethics selected Professor McCuskey as a 2016 Health Law Scholar and she serves as an adjunct of Saint Louis University’s Center for Health Law Studies.
Professor McCuskey also brings both academic and practice experience to the classroom, where she teaches Public Health Law, Health Law & Policy, Health Insurance & the ACA, Health Care Antitrust, and Food & Drug Law. She previously served as Professor of Law at UMass, and directed the University of Toledo College of Law’s health law program and inter-professional joint degree programs combining law with medicine and public health. Before her academic career, Professor McCuskey practiced law with Drinker, Biddle, & Reath LLP, specializing in antitrust and appellate litigation for health care clients. In addition, she has served as a board member and advocate with Philadelphia Legal Assistance, a litigation assistant for Hale and Dorr LLP’s representation of Boston Scientific, an intern for then-Chief Judge David Faber on the U.S. District Court for the S.D.W.V., and a member of Advisory Committee to the U.S. District Court for the N.D.O.H.
Education
- University of Pennsylvania Law School, JD Field of Study: Law
- University of Pennsylvania, BA Field of Study: History
Classes Taught
- SPHLW830
- SPHLW850
- SPHPH719
Publications
- Published on 3/1/2024
Valarie K. Blake & Elizabeth Y. McCuskey. Employer-Sponsored Reproduction. Columbia Law Review. 2024; 124(2):273-360.
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- Published on 5/12/2023
Valarie K. Blake & Elizabeth Y. McCuskey. The Infertility Shift. Bill of Health. 2023.
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- Published on 2/9/2023
Elizabeth Y. McCuskey. Reforming ERISA to Help States Control Health Care Costs. The Commonwealth Fund. 2023.
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- Published on 7/1/2022
Brooke Coleman, Suzette Malveaux, Portia Pedro, & Elizabeth Porter (eds.). A Guide to Civil Procedure: Integrating Critical Legal Perspectives. Subject Matter Jurisdiction: The Interests of Power and the Power of Interests. N.Y.U. Press. New York, NY. 2022; 210.
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- Published on 5/16/2022
Elizabeth Y. McCuskey. State Cost-Control Reforms and ERISA Preemption. The Commonwealth Fund. 2022.
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- Published on 5/2/2022
Brietta R. Clark Erin C. Fuse Brown Robert Gatter Elizabeth Y. McCuskey Elizabeth A Pendo. Law and Health Care Quality, Patient Safety, and Liability, 9th ed. 2022.
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- Published on 5/2/2022
Brietta R. Clark Erin C. Fuse Brown Robert Gatter Elizabeth Y. McCuskey Elizabeth A Pendo. Bioethics: Health Care Law and Ethics, 9th ed. 2022.
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- Published on 5/2/2022
Brietta R. Clark Erin C. Fuse Brown Robert Gatter Elizabeth Y. McCuskey Elizabeth A Pendo. The Law of Health Care Organization and Finance (9th ed.). 2022.
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- Published on 3/16/2022
Brietta R. Clark Erin C. Fuse Brown Robert Gatter Elizabeth Y. McCuskey Elizabeth Pendo. Health Law: Cases, Materials and Problems. West Academic Publishing. 2022.
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- Published on 4/9/2021
McCuskey EY, Wiley L. Health Reform Reconstruction. University of California Davis Law Review. 2021.
View 16 more publications:View Full Profile at BUMC
News & In the Media
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Published on September 9, 2022
SPH Welcomes Largest Cohort of New Faculty Members in School History