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When data from all aspects of our lives can be relevant to our
health - from our habits at the grocery store and our Google
searches to our FitBit data and our medical records - can we really
differentiate between big data and health big data? Will health big
data be used for good, such as to improve drug safety, or ill, as
in insurance discrimination? Will it disrupt health care (and the
health care system) as we know it? Will it be possible to protect
our health privacy? What barriers will there be to collecting and
utilizing health big data? What role should law play, and what
ethical concerns may arise? This timely, groundbreaking volume
explores these questions and more from a variety of perspectives,
examining how law promotes or discourages the use of big data in
the health care sphere, and also what we can learn from other
sectors.
While the law can create conflict between religion and health, it
can also facilitate religious accommodation and protection of
conscience. Finding this balance is critical to addressing the most
pressing questions at the intersection of law, religion, and health
in the United States: should physicians be required to disclose
their religious beliefs to patients? How should we think about
institutional conscience in the health care setting? How should
health care providers deal with families with religious objections
to withdrawing treatment? In this timely book, experts from a
variety of perspectives and disciplines offer insight on these and
other pressing questions, describing what the public discourse gets
right and wrong, how policymakers might respond, and what potential
conflicts may arise in the future. It should be read by academics,
policymakers, and anyone else - patient or physician, secular or
devout - interested in how US law interacts with health care and
religion.
Transparency is a concept that is becoming increasingly lauded as a
solution to a host of problems in the American health care system.
Transparency initiatives show great promise, including empowering
patients and other stakeholders to make more efficient decisions,
improve resource allocation, and better regulate the health care
industry. Nevertheless, transparency is not a cure-all for the
problems facing the modern health care system. The authors of this
volume present a nuanced view of transparency, exploring ways in
which transparency has succeeded and ways in which transparency
initiatives have room for improvement. Working at the intersection
of law, medicine, ethics, and business, the book goes beyond the
buzzwords to the heart of transparency's transformative potential,
while interrogating its obstacles and downsides. It should be read
by anyone looking for a better understanding of transparency in the
health care context.
Behavioral nudges are everywhere: calorie counts on menus,
automated text reminders to encourage medication adherence, a
reminder bell when a driver's seatbelt isn't fastened. Designed to
help people make better health choices, these reminders have become
so commonplace that they often go unnoticed. In Nudging Health,
forty-five experts in behavioral science and health policy from
across academia, government, and private industry come together to
explore whether and how these tools are effective in improving
health outcomes. Behavioral science has swept the fields of
economics and law through the study of nudges, cognitive biases,
and decisional heuristics-but it has only recently begun to impact
the conversation on health care. Nudging Health wrestles with some
of the thorny philosophical issues, legal limits, and conceptual
questions raised by behavioral science as applied to health law and
policy. The volume frames the fundamental issues surrounding health
nudges by addressing ethical questions. Does cost-sharing for
health expenditures cause patients to make poor decisions? Is it
right to make it difficult for people to opt out of having their
organs harvested for donation when they die? Are behavioral nudges
paternalistic? The contributors examine specific applications of
behavioral science, including efforts to address health care costs,
improve vaccination rates, and encourage better decision-making by
physicians. They wrestle with questions regarding the
doctor-patient relationship and defaults in healthcare while
engaging with larger, timely questions of healthcare reform.
Nudging Health is the first multi-voiced assessment of behavioral
economics and health law to span such a wide array of issues-from
the Affordable Care Act to prescription drugs. Contributors: David
A. Asch, Jerry Avorn, Jennifer Blumenthal-Barby, Alexander M.
Capron, Niteesh K. Choudhry, I. Glenn Cohen, Sarah Conly, Gregory
Curfman, Khaled El Emam, Barbara J. Evans, Nir Eyal, Andrea
Freeman, Alan M. Garber, Jonathan Gingerich, Michael Hallsworth,
Jim Hawkins, David Huffman, David A. Hyman, Julika Kaplan, Aaron S.
Kesselheim, Nina A. Kohn, Russell Korobkin, Jeffrey T. Kullgren,
Matthew J.B. Lawrence, George Loewenstein, Holly Fernandez Lynch,
Ester Moher, Abigail R. Moncrieff, David Orentlicher, Manisha Padi,
Christopher T. Robertson, Ameet Sarpatwari, Aditi P. Sen, Neel
Shah, Zainab Shipchandler, Anna D. Sinaiko, Donna Spruijt-Metz,
Cass R. Sunstein, Thomas S. Ulen, Kristen Underhill, Kevin G.
Volpp, Mark D. White, David V. Yokum, Jennifer L. Zamzow, Richard
J. Zeckhauser
Transparency is a concept that is becoming increasingly lauded as a
solution to a host of problems in the American health care system.
Transparency initiatives show great promise, including empowering
patients and other stakeholders to make more efficient decisions,
improve resource allocation, and better regulate the health care
industry. Nevertheless, transparency is not a cure-all for the
problems facing the modern health care system. The authors of this
volume present a nuanced view of transparency, exploring ways in
which transparency has succeeded and ways in which transparency
initiatives have room for improvement. Working at the intersection
of law, medicine, ethics, and business, the book goes beyond the
buzzwords to the heart of transparency's transformative potential,
while interrogating its obstacles and downsides. It should be read
by anyone looking for a better understanding of transparency in the
health care context.
In its decades-long effort to assure the safety, efficacy, and
security of medicines and other products, the Food and Drug
Administration has struggled with issues of funding, proper
associations with industry, and the balance between consumer choice
and consumer protection. Today, these challenges are compounded by
the pressures of globalization, the introduction of novel
technologies, and fast-evolving threats to public health. With
essays by leading scholars and government and private-industry
experts, FDA in the Twenty-First Century addresses perennial and
new problems and the improvements the agency can make to better
serve the public good. The collection features essays on effective
regulation in an era of globalization, consumer empowerment, and
comparative effectiveness, as well as questions of data
transparency, conflicts of interest, industry responsibility, and
innovation policy, all with an emphasis on pharmaceuticals. The
book also intervenes in the debate over off-label drug marketing
and the proper role of the FDA before and after a drug goes on the
market. Dealing honestly and thoroughly with the FDA's successes
and failures, these essays rethink the structure, function, and
future of the agency and the effect policy innovations may have on
regulatory institutions abroad.
While the law can create conflict between religion and health, it
can also facilitate religious accommodation and protection of
conscience. Finding this balance is critical to addressing the most
pressing questions at the intersection of law, religion, and health
in the United States: should physicians be required to disclose
their religious beliefs to patients? How should we think about
institutional conscience in the health care setting? How should
health care providers deal with families with religious objections
to withdrawing treatment? In this timely book, experts from a
variety of perspectives and disciplines offer insight on these and
other pressing questions, describing what the public discourse gets
right and wrong, how policymakers might respond, and what potential
conflicts may arise in the future. It should be read by academics,
policymakers, and anyone else - patient or physician, secular or
devout - interested in how US law interacts with health care and
religion.
When data from all aspects of our lives can be relevant to our
health - from our habits at the grocery store and our Google
searches to our FitBit data and our medical records - can we really
differentiate between big data and health big data? Will health big
data be used for good, such as to improve drug safety, or ill, as
in insurance discrimination? Will it disrupt health care (and the
health care system) as we know it? Will it be possible to protect
our health privacy? What barriers will there be to collecting and
utilizing health big data? What role should law play, and what
ethical concerns may arise? This timely, groundbreaking volume
explores these questions and more from a variety of perspectives,
examining how law promotes or discourages the use of big data in
the health care sphere, and also what we can learn from other
sectors.
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