Transparency in Health and Health Care in the United States
Law and Ethics

Examines the impact of increased transparency on the legal, medical, and business structures of the American health care system.

Holly Fernandez Lynch (Edited by), I. Glenn Cohen (Edited by), Carmel Shachar (Edited by), Barbara J. Evans (Edited by)

9781108456937, Cambridge University Press

Paperback / softback, published 6 June 2019

370 pages
22.7 x 15.1 x 2 cm, 0.54 kg

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.

Introduction Carmel Shachar, I. Glenn Cohen, Holly Fernandez Lynch and Barbara J. Evans
Part I. Transparency in Health and Health Care: Thematic Issues: Introduction Abigail R. Moncrieff
1. Smashing into windows: 'the limits of consumer sovereignty in health care' Barry R. Furrow
2. The interplay of privacy and transparency in health care: the HIPAA privacy rule as a case study Barbara J. Evans
3. Transparency tradeoffs: priority-setting, scarcity, and health fairness Govind Persad
4. Slightly hazy: transparency and the costs of too much information Oliver J. Kim
Part II. Transparency and Informed Consent: Introduction Luke Gelinas
5. Transparency versus informed consent: the patient/consumer paradigms Craig J. Konnoth
6. Transparency and financial conflicts: the uncertain case for sunshine Richard S. Saver
7. Making religion transparent: the substance, process, and efficacy of disclosing religious restrictions on care Elizabeth Sepper
Part III. Transparency and Economics: Health Care Costs and Billing: Introduction Kristin M. Madison
8. Transparency on prescription drug research expenditures: a lever for restraining pricing? Ameet Sarpatwari, Jerry Avorn and Aaron S. Kesselheim
9. Is pharmaceutical price transparency an effective means to reduce high prices and wide variations? Marc A. Rodwin
10. Price transparency: a contracts solution Wendy Netter Epstein
11. Solving surprise medical bills Mark A. Hall
Part IV. Transparency and Innovation: Introduction Holly Fernandez Lynch
12. Increasing the transparency of FDA review to enhance the innovation process Rachel E. Sachs and Thomas J. Hwang
13. Transparency and clinical trial data sharing: legal and policy issues Barbara E. Bierer, Mark Barnes and Rebecca Li
14. The European Medicines Agency's approach to transparency Stefano Marino and Spyridon Drosos
Part V. Transparency and Outcomes: Promoting Health and Safety: Introduction Gregory Curfman
15. The role of transparency in promoting healthy behaviors: pros, cons, and perils of information sharing to foster personal responsibility in health care Anthony W. Orlando and Arnold J. Rosoff
16. The role of transparency in patient safety improvement Michelle M. Mello, David M. Studdert, Brahmajee K. Nallamothu and Allen Kachalia
17. Personal health records as a tool for transparency in health care Sharona Hoffman
18. Nontransparency in electronic health record systems Jim Hawkins, Barbara J. Evans and Harlan M. Krumholz
19. Transparency challenges in reproductive health care Dov Fox
Part VI. Challenges in Promoting and Measuring Transparency in Health Care: Introduction I. Glenn Cohen
20. ERISA as a barrier for state health care transparency efforts Erin C. Fuse Brown and Jaime S. King
21. Transparency and data sharing in clinical research and Big Pharma Jennifer E. Miller
22. Promoting IRB transparency: about what, to whom, why, and how? Holly Fernandez Lynch
23. Using disclosure to regulate PBMs: the dark side of transparency David A. Hyman and William E. Kovacic.

Subject Areas: Medical ethics & professional conduct [MBDC], Medical & healthcare law [LNTM], Politics & government [JP]