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Expanding Patients' Property Rights in Their Medical Records

Author

Listed:
  • Laurence C. Baker

    (Department of Health Research and Policy, Stanford University, and the National Bureau of Economic Research)

  • M. Kate Bundorf

    (Department of Health Research and Policy, Stanford University, and the National Bureau of Economic Research)

  • Daniel P. Kessler

    (Graduate School of Business, Law School, and Hoover Institution, Stanford University, and the National Bureau of Economic Research)

Abstract

Although doctors and hospitals own their patients' medical records, state and federal laws require that they provide patients with a copy at “reasonable cost.” We examine the effects of state laws that cap the fees that doctors and hospitals are allowed to charge patients for a copy of their records. We test whether these laws affected patients' propensity to switch doctors and the prices of new- and existing-patient visits. We also examine the effect of laws on hospitals' adoption of electronic medical record (EMR) systems. We find that patients from states adopting caps on copy fees were significantly more likely to switch doctors, and that hospitals in states adopting caps were significantly more likely to install an EMR. We also find that laws did not have a systematic, significant effect on prices. © 2015 American Society of Health Economists and Massachusetts Institute of Technology

Suggested Citation

  • Laurence C. Baker & M. Kate Bundorf & Daniel P. Kessler, 2015. "Expanding Patients' Property Rights in Their Medical Records," American Journal of Health Economics, MIT Press, vol. 1(1), pages 82-100, Winter.
    • Handle: RePEc:tpr:amjhec:v:1:y:2015:i:1:p:82-100
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    References listed on IDEAS

    as
    1. Catherine M. DesRoches & Dustin Charles & Michael F. Furukawa & Maulik S. Joshi & Peter Kralovec & Farzad Mostashari & Chantal Worzala Ashish K. Jha, "undated". "Adoption of Electronic Health Records Grows Rapidly, But Fewer Than Half of US Hospitals had at Least a Basic System in 2012," Mathematica Policy Research Reports 0d8d890b940d4e0f835fa1ade, Mathematica Policy Research.
    2. Amalia R. Miller & Catherine Tucker, 2009. "Privacy Protection and Technology Diffusion: The Case of Electronic Medical Records," Management Science, INFORMS, vol. 55(7), pages 1077-1093, July.
    3. Farrell, Joseph & Klemperer, Paul, 2007. "Coordination and Lock-In: Competition with Switching Costs and Network Effects," Handbook of Industrial Organization, in: Mark Armstrong & Robert Porter (ed.), Handbook of Industrial Organization, edition 1, volume 3, chapter 31, pages 1967-2072, Elsevier.
    4. repec:mpr:mprres:7826 is not listed on IDEAS
    5. Daniel P. Kessler, 2011. "Evaluating the Medical Malpractice System and Options for Reform," Journal of Economic Perspectives, American Economic Association, vol. 25(2), pages 93-110, Spring.
    6. Cogan John F & Hubbard R. Glenn & Kessler Daniel, 2010. "The Effect of Massachusetts' Health Reform on Employer-Sponsored Insurance Premiums," Forum for Health Economics & Policy, De Gruyter, vol. 13(2), pages 1-8, June.
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    Cited by:

    1. Seth Freedman & Haizhen Lin & Jeffrey Prince, 2018. "Does Competition Lead to Agglomeration or Dispersion in EMR Vendor Decisions?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 53(1), pages 57-79, August.
    2. Amalia R. Miller, 2023. "Privacy of Digital Health Information," NBER Chapters, in: The Economics of Privacy, pages 127-161, National Bureau of Economic Research, Inc.
    3. Rachel Soloveichik, 2024. "Private Funding of “Free” Data: A Theoretical Framework," BEA Papers 0125, Bureau of Economic Analysis.

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    Keywords

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    JEL classification:

    • I11 - Health, Education, and Welfare - - Health - - - Analysis of Health Care Markets
    • I13 - Health, Education, and Welfare - - Health - - - Health Insurance, Public and Private
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health

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