The American Society of Law, Medicine &
Ethics and Saint Louis University School of Law recently named DePaul Associate Professor Wendy Epstein a 2016
Health Law Scholar for her work-in-progress “Price Transparency and
Incomplete Contracts in Health Care.”
The Health Law Scholars Workshop
recognizes the achievements of junior faculty in health law and
bioethics. Each year, health law professors choose four exceptional
works from emerging scholars in these fields. The honorees are
invited to Saint Louis University Law School in September to present
their pieces to a gathering of health law scholars, who will provide
feedback and guidance on the thesis. Many participants subsequently
get their articles published in notable law journals. Epstein's
fellow scholars are Rachel Sachs of Washington University in St.
Louis School of Law, Elizabeth McCuskey of University of Toledo
College of Law, and Jasmine Harris of UC Davis School of Law.
Epstein's “Price Transparency”
analyzes the issues with the use of open price term contracts for
medical services. Currently, the law permits patients to consent to
medical procedures without knowing how much they will cost, which
often causes the patient to incur significant fees and possible debt. In the
article, Epstein argues in favor of the use of “patient-provider”
contracts. Since, with rare exception (e.g. emergency care,
complicated surgeries), medical providers can readily reveal pricing
information, both parties would be better served with this openness.
In addition to “Price Transparency,”
Epstein has had articles featured in numerous journals. The Yale
Journal of Health Policy, Law, and Ethics is set to publish her
“Revisiting Incentive-Based Contracts” in a 2017 edition. Other
recent publications include “Facilitating Incomplete Contracts”
(65 Case W. Res. L. Rev. 297 (2015)), “Contract Theory and the
Failures of Public-Private Contracting” (34 Cardozo L. Rev. 2211
(2013)), and “Public-Private Contracting and the Reciprocity Norm”
(the lead article in 64 Am. U. L. Rev. 1 (2014)). Her scholarship can
be found on her SSRN page.
Epstein has been a member of DePaul’s College of Law faculty
since 2013. She currently teaches Contracts and Health Care Law and
is faculty director of the Mary and Michael Jaharis Health Law
Institute.