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25 Annals Health L. 62 (2016)
Liability for Mobile Health and Wearable Technologies

handle is hein.journals/anohl25 and id is 172 raw text is: Liability for Mobile Health and Wearable Technologies* Nicolas P. Terry** & Lindsay F. Wiley*** I. INTRODUCTION Notoriously, health care is relatively immune to traditional market forces' and is more difficult to disrupt than other industries.2 Instead, change has been reliant on massively compromised and politically fraught interventions, such as the Affordable Care Act.' Mobile health offers a different, parallel path. It promises better and more personalized care combined with improved convenience and lower cost4 Many, if not most, mobile health applications ('apps_) and wearable devicesthattrack fitness, wellness, or other physiological data do notsupport existing models of health care.s Rather, developers are delivering a novel consumer-centric aesthetic and functionality that traditional healthcare policynakers are only now beginning to conceptualize.6 Notwithstanding, the division between traditional health care and mobile health is anything but * 0 2016 Nicolas Terry & Lindsay Wiley. All right reserved. This paper is based on presentations we prepared for a workshop sponsored by the A meri can A ssoci ati on for the Advancement of Science (AAAS). We thank all the workshop participant and, in particular, Deborah Runkle, Senior Program Associate at AAAS for her valuable comment. We also thank Mark Levy and Maya Frazier, American University Washington College of Law J D candidates, for their helpful research assistance and Kelci Dye, Indiana University Robert H. McKinney School of Lawj D candidate, for her diligent editing. ** Hall Render Professor of Law & Executive Director, Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law. Email: npterry@iupui.edu. ** Associate Professor of Law, American University Washington College of Law. Email: wiley@wcl.american.edu. 1. Alain C. Enthoven, Market Forces and Efficient Health Care Systems, 23 HEALTH AFF. 25, 25 (2004). 2. See Nicolas P. Terry, Inforrmtion Technology-s Failure to Disrupt Health Care, 13 NEV. L.J. 722, 723 (2013) (noting the difficulties faced by one possible health care disruptor, health information technology (HIT)). 3. See generally Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119(2010) (codified as amended at42 U.S.C. f 18001 (Supp. 2010)). 4. Nicolas Terry, Innovation in Mobile Health In-pacts Law, IND. LAW. (July 15, 2015), http://www.theindianalawyer.com/innovation-in-rmobiIe-health-inpact- law/PARAMS/article/37699. 5. Id. 6. Id. 62

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