The 'Uberization' of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact on the Medical Profession

76 Pages Posted: 2 May 2016 Last revised: 9 May 2016

See all articles by Fazal Khan

Fazal Khan

University of Georgia School of Law

Date Written: May 2, 2016

Abstract

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally enshrined physicians as the primary decision-makers and economic earners within the healthcare industry. In the near term, mobile health represents a potential redistribution of medical authority and financial power to technology companies and lesser-trained medical providers (nurses, physician assistants, etc.) at the expense of physicians. In the long-term, mobile health threatens to transform healthcare into a primarily “providerless” service, in the same fashion mobile taxi app company Uber envisions “driverless” taxis. Therefore, I conclude that while mobile health holds out tantalizing potential to improve upon the cost and accessibility of healthcare, there will be significant resistance to licensing and scope of practice reforms until broader political economy questions concerning the long-term viability of the medical profession are answered.

Keywords: mobile health, mHealth, disruptive innovation, creative destruction, scope of practice, professional licensing, medical licensing, physician extenders, anti-competitive behavior, regulatory barriers, political economy, uber taxi, mobile medical apps, FDA law, FTC law

JEL Classification: I11, I18M, K23, K32

Suggested Citation

Khan, Fazal, The 'Uberization' of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact on the Medical Profession (May 2, 2016). Health Matrix: Journal of Law-Medicine, Vol. 26, 2016; UGA Legal Studies Research Paper No. 2016-18; Dean Rusk International Center Research Paper No. 2016-10. Available at SSRN: https://ssrn.com/abstract=2773786

Fazal Khan (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
184
Abstract Views
1,027
rank
171,930
PlumX Metrics