Jump to ContentJump to Main Navigation
The Fragmentation of U.S. Health CareCauses and Solutions$
Users without a subscription are not able to see the full content.

Einer Elhauge

Print publication date: 2010

Print ISBN-13: 9780195390131

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195390131.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 May 2019

Property, Privacy, and the Pursuit of Integrated Electronic Medical Records 1

Property, Privacy, and the Pursuit of Integrated Electronic Medical Records 1

Chapter:
(p.165) 8 Property, Privacy, and the Pursuit of Integrated Electronic Medical Records1
Source:
The Fragmentation of U.S. Health Care
Author(s):

Mark A. Hall

Kevin A. Schulman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195390131.003.008

Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more critical, more contested, or more poorly understood. Ownership was never much in doubt in an age of paper-based records, but now that information can be easily digitized and freed from any particular storage medium, confusion reigns. How this issue is resolved can determine how or whether massive anticipated developments in electronic health records will take shape. The respective property rights of patients, providers, and insurers will strongly influence, if not determine, what form of electronic health-record interchange will predominate. And, whether rights to access and use of medical information can be commercialized may determine whether effective, comprehensive medical information networks can emerge at all in the absence of an overt government mandate. This chapter analyzes property rights in medical information from the perspective of network economics. It proposes that patients be allowed to monetize their access and control rights by assigning them to a trusted and regulated intermediary who may then place those rights in a stream of commerce that determines their value and best use. The funds generated can then be distributed both to patients and providers in order to encourage their creation and use of interconnected electronic records.

Keywords:   electronic medical records, medical privacy, health economics, property law, property rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .