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

$59.99

Carmel Shachar, I. Glenn Cohen, Holly Fernandez Lynch, Barbara J. Evans, Abigail R. Moncrieff, Barry R. Furrow, Govind Persad, Oliver J. Kim, Luke Gelinas, Craig J. Konnoth, Richard S. Saver, Elizabeth Sepper, Kristin M. Madison, Ameet Sarpatwari, Jerry Avorn, Aaron S. Kesselheim, Marc A. Rodwin, Wendy Netter Epstein, Mark A. Hall, Holly Fernandez Lynch, Rachel E. Sachs, Thomas J. Hwang, Barbara E. Bierer, Mark Barnes, Rebecca Li, Stefano Marino, Spyridon Drosos, Gregory Curfman, Anthony W. Orlando, Arnold J. Rosoff, Michelle M. Mello, David M. Studdert, Brahmajee K. Nallamothu, Allen Kachalia, Sharona Hoffman, Jim Hawkins, Harlan M. Krumholz, Dov Fox, Erin C. Fuse Brown, Jaime S. King, Jennifer E. Miller, Holly Fernandez Lynch, David A. Hyman, William E. Kovacic
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  • Publication planned for: August 2019
  • availability: Not yet published - available from August 2019
  • format: Paperback
  • isbn: 9781108456937

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About the Authors
  • 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.

    • Provides a nuanced view of transparency, including how transparency for its own sake can be counterproductive
    • Utilizes an interdisciplinary approach, bringing together experts from diverse fields to give readers a broad understanding of how transparency can be useful across industries
    • Supplies suggestions and recommendations for policy makers, including concrete ways to implement or utilize transparent practices in positive ways
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    Product details

    • Publication planned for: August 2019
    • format: Paperback
    • isbn: 9781108456937
    • length: 370 pages
    • dimensions: 227 x 151 x 20 mm
    • weight: 0.54kg
    • availability: Not yet published - available from August 2019
  • Table of Contents

    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.

  • Editors

    Holly Fernandez Lynch, Petrie-Flom Center, Harvard Law School, Massachusetts
    Holly Fernandez Lynch Is the John Russell Dickson, MD Presidential Assistant Professor of Medical Ethics at the University of Pennsylvania's Perelman School of Medicine. She focuses her scholarly research on issues at the intersection of law, bioethics, and health policy, in particular the ethics and regulation of research with human subjects and conflicts of conscience in health care.

    I. Glenn Cohen, Petrie-Flom Center, Harvard Law School, Massachusetts
    I. Glenn Cohen is the James A. Attwood and Leslie Williams Professor of Law and Faculty Director of Petrie-Flom Center for Health Law, Biotechnology & Bioethics at Harvard Law School. He is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. He is the author of more than 110 articles in venues like the New England Journal of Medicine, JAMA, Nature, and the Harvard Law Review, and the author, editor, or co-editor of twelve books.

    Carmel Shachar, Petrie-Flom Center, Harvard Law School, Massachusetts
    Carmel Shachar is the Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Carmel's scholarship focuses on law and health policy, in particular the regulation of access to care for vulnerable individuals, health care anti-discrimination law and policy, and the use of all-payer claims databases in health care research. Carmel is also a Lecturer at Law on Harvard Law School, where she co-teaches a course on Health Care Rights in the Twenty-First Century.

    Barbara J. Evans, University of Houston Law Center
    Barbara J. Evans is the Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law at the University of Houston. Her research interests include data privacy and access, regulation of emerging biotechnologies and machine-learning software, and genomic civil rights.

    Contributors

    Carmel Shachar, I. Glenn Cohen, Holly Fernandez Lynch, Barbara J. Evans, Abigail R. Moncrieff, Barry R. Furrow, Govind Persad, Oliver J. Kim, Luke Gelinas, Craig J. Konnoth, Richard S. Saver, Elizabeth Sepper, Kristin M. Madison, Ameet Sarpatwari, Jerry Avorn, Aaron S. Kesselheim, Marc A. Rodwin, Wendy Netter Epstein, Mark A. Hall, Holly Fernandez Lynch, Rachel E. Sachs, Thomas J. Hwang, Barbara E. Bierer, Mark Barnes, Rebecca Li, Stefano Marino, Spyridon Drosos, Gregory Curfman, Anthony W. Orlando, Arnold J. Rosoff, Michelle M. Mello, David M. Studdert, Brahmajee K. Nallamothu, Allen Kachalia, Sharona Hoffman, Jim Hawkins, Harlan M. Krumholz, Dov Fox, Erin C. Fuse Brown, Jaime S. King, Jennifer E. Miller, Holly Fernandez Lynch, David A. Hyman, William E. Kovacic

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