Mark A. Hall J.D.
Director of the Health Law and Policy Program
Fred D. and Elizabeth L. Turnage Professor of Law and Public Health
Department of Social Science and Health Policy
Wake Forest University School of Medicine
Email: hallma@wfu.edu
Discipline: Law
Expertise: Competition / Markets, Insurance, Medical Ethics
Investigator Award 
The Law and Ethics of Consumer-Directed Health CareAward Year: 2004 New developments in health insurance, designed in part to contain costs, require patients to take greater responsibility for making medical spending decisions. The mechanisms of this new "consumer-directed health care" model - health savings accounts, high-deductible catastrophic coverage, and tiered provider networks and pharmacy benefits - have broad policy implications that may challenge the doctor-patient relationship, the doctrine of informed consent, the medical malpractice standard of care, and other tenets of health care law and ethics. Co-investigators Mark A. Hall, J.D., and Carl E. Schneider, J.D. seek to better understand how law and ethics can and should respond to consumer-directed health care. Their project, The Law and Ethics of Consumer-Directed Health Care, probes a range of possible effects on medical practice and treatment relationships when cost-sharing by patients plays a greater role in medical decision-making.
Background 
Mark A. Hall is the director of the Health Law and Policy Program and the Fred D. and Elizabeth L. Turnage Professor of Law at Wake Forest University, where he has appointments in the Schools of Law, Medicine, and Management. Professor Hall specializes in health care law and public policy, with a focus on economic, regulatory and organizational issues. He received his law degree with highest honors from the University of Chicago, after which he completed an RWJF fellowship program at Johns Hopkins University School of Public Health. Professor Hall is one of the country's leading academics specializing in the law of health care delivery and finance. He is the lead editor of the original textbook in the field, Health Care Law and Ethics (6th ed., Aspen, 2003), and he has written other books on various aspects of health care law and public policy for Oxford University Press, the American Enterprise Institute, and Harper-Collins. Professor Hall has particular expertise in health insurance and the doctor-patient relationship. He has directed major investigations of health insurance market reform laws, managed care regulation, and doctor-patient trust.
- Madison, K., Hall, M. Quality Regulation in the Information Age: Challenges for Medical Professionalism, In Medical Professionalism in the New Information Age, eds. Rothman, D.J., Blumenthal, D. New Brunswick, NJ: Rutgers University Press, 23-39, 2010.
- Hall, M.A. Arrow on Trust, In Uncertain Times: Kenneth Arrow and the Changing Economics of Health Care, eds. Hammer, P.J., Haas-Wilson, D., Peterson, M.A., Sage, W.M. Durham: Duke University Press, 2003.
- Richman, B.D., Hall, M., Schulman, K.A. Overbilling and Informed Financial Consent - A Contractual Solution. NEJM, Aug 2 2012, Perspective, 367: 396-7.
- Hall, M.A. Regulating Stop-Loss Coverage May Be Needed to Deter Self-Insuring Small Employers from Undermining Market Reforms. Health Affairs, Feb 2012, 31(2): 316-23.
- Hall, M. Clearing Out the Underbrush in Constitutional Challenges to Health Insurance Reform. NEJM, Mar 3 2011, 364(9): 793-795.
- Hall, M.A. Health Care Reform - What Went Wrong on the Way to the Courthouse. NEJM, Jan 2011, 364(4): 295-7.
- Hall, M., Hwang, W., Jones, A. Model Safety-Net Programs Could Care for the Uninsured at One-Half the Cost of Medicaid or Private Insurance. Health Affairs, Sep 2011, 30(9): 1698-1707.
- Stoltzfus, T., Hall, M.A. Not So FastÑJurisdictional Barriers to the ACA Litigation. NEJM, Oct 20 2011, 365, e34.
- Hall, M.A. Rethinking Safety-Net Access for the Uninsured. NEJM, Jan 6 2011, 364(1): 7-9.
- Hall, M.A., Schulman, K.A. Ownership of Medical Information. JAMA, 2009, 301(12): 1282-4.
- Hall, M.A., Schneider, C.E. Professional Obligations when Patients Pay out of Pocket. Journal of Family Practice, 2009, 58(11): E1-4.
- Arrow, K., Auerbach, A., Bertko, J., Brownlee, S., Casalino, L., Cooper, J., Crosson, F.J., Enthoven, A., Falcone, E., Feldman, R.C., Fuchs, V.R., Garber, A.J., Gold, M.R., Goldman, D., Hadfield, G.K., Hall, M.A., Horwitz, R.I., Hooven, M., Jacobson, P.D.
- Hall, M.A., Schneider, C.E. Learning from the Legal History of Billing for Medical Fees. J of General Internal Medicine, 2008, 23(8): 1257-60.
- Hall, M.A., Schneider, C.E. Patients as Consumers: Courts, Contracts, and the New Medical Marketplace. Michigan Law Review, 2008, 106(4): 643-89.
- Hall, M.A., Schneider, C.E. The Professional Ethics of Billing and Collections. JAMA, 2008, 300(15): 1806-8.
- Hall, M.A. The Legal and Historical Foundations of Patients as Medical Consumers. Georgetown Law Review, 2007.
- Hall, M.A. Paying for What You Get and Getting What You Pay For: Legal Responses to Consumer-Driven Health Care. Law and Contemporary Problems, 2006, 69: 159-80.
- Hall, M.A., Schneider, C., Shepherd, L. Rethinking Health Law. Wake Forest Law Review, 2006, 41: 341-5.
- Alexander, G.C., Hall, M.A., Lantos, J. Rethinking Professional Ethics in the Cost-Sharing Era. American J of Bioethics, 2006, 6(4): W17-22.
- Hall, M.A. The History and Future of Health Care Law: An Essentialist View. Wake Forest Law Review, 2006, 41: 347-64.
- Hall, M.A., Havighurst, C.C. Reviving Managed Care with Health Savings Accounts. Health Affairs, 2005, 24(6): 1490-1500.
- Jost, T.S., Hall, M.A. The Role of State Regulation in Consumer-Driven Health Care. American J of Law and Medicine, 2005, 31: 395-418.