much of MACRA uses reimbursement to encourage more patient
Additionally, the growth of mobile applications and devices’ growth has
extended another source of patient-generated data to providers. 57 For
example, health-related mobile applications available in the Apple App Store
nearly quadrupled in one year. 58 Analytic tools can also notice trends in
online searches, allowing for public health officials to respond to emerging
issues. 59 Although many Americans are concerned about data privacy and
security, 60 smart phones’ and other mobile devices’ ubiquity makes mhealth
a convenient means of measuring and storing one’s own data. 61 One survey
found that more people—particularly younger people—are willing to share
their personally-generated data with their physician or even with their
insurer. 62 With an estimated 30 percent of smart phone users using health
applications, this technology provides a new way to gather data that is more
convenient than a visit to a physician’s office. 63
MODERN HEALTHCARE (Oct. 6, 2015), http://www.modernhealthcare.com/article/20151006/
NEWS/151009952; see generally Medicare Access and CHIP Reauthorization Act of 2015,
Pub.L. No. 114–10. MACRA consolidates several Medicare incentive programs, including the
meaningful use program, into a single “merit-based incentive payment system.” Sec.
101(b)( 1) of Pub.L. No. 114–10. This new merit-based incentive will continue to encourage
the meaningful use of electronic medical records. Kavita Patel et al, How the money flows
under MACRA, BROOKINGS (July 12, 2016), https://www.brookings.edu/research/how-the-money-flows-under-macra/ (“MIPS consolidates three existing programs that dictate
physician bonuses or penalties for Medicare physicians and other providers. . .into a new
system that creates a composite score based [in part] on. . .Meaningful use of electronic health
records (EHRs) False”).
56. See Medicare Access and CHIP Reauthorization Act of 2015, Pub.L. No. 114–10
§101(c) (2015) (discussing clinical practice improvements to engage patients that will be used
to evaluate payments to clinicians).
57. WORLD HEALTH ORG., supra note 7, at 51. The use of mobile technology for health
purposes is often referred to as “mhealth.” Definitions of mHealth, HEALTH INFO. AND MGMT.
SYS. SOC’Y (Jan. 5, 2012), http://www.himss.org/definitions-mhealth.
58. WORLD HEALTH ORG., supra note 7, at 51.
59. Id. at 41.
60. Kirzinger, supra note 28.
61. WORLD HEALTH ORG., supra note 7, at 3, 50.
62. SALESFORCE, supra note 49, at 14–15. Surveys have found that consumers have
different views depending on what they will receive in return and how the information is
collected.In surance Customers Speak Out, INSURANCE NEXUS (Mar. 10, 2016), http://
www.insurancenexus.com/customer/insurance-customers-speak-out (discussing surveys on
consumers’ attitudes toward sharing health data with insurers in exchange for incentives);
Consumer comfort with sharing health data in exchange for insurance discounts varies from
26 -42% depending on connected fitness device owned, PARK ASS’N (Aug. 12, 2015),
https://www.parksassociates.com/blog/article/chs-2015-pr6 (finding consumers’ willingness
to exchange data for an insurance premium discount varied depending on the type of device
used (ranging from 42% from digital pedometer, 35% from a smart watch owners, to 26%
from a sleep-quality monitor)).
63. WORLD HEALTH ORG., supra note 7, at 51.