Hispanic Communities Could Suffer from Medical Device Right to Repair
By Dr. Elena Ríos, President and CEO of the National Hispanic Medical Association | El Diario
In an era where technology permeates every aspect of our lives, personal health and wellness has undoubtedly benefited. From the fitness trackers on your wrist to the advanced technologies now used in surgical procedures, technology has revolutionized the way the way we access and address the care of ourselves and loved ones.
Technological innovation offers us this future of precision, accessibility, and prioritizing patients. But with any opportunity, there are also challenges. In the U.S., the concept of “right to repair” presents one of the newest challenges for technology-driven patient care.
This movement champions the notion that the public should have access to the tools, parts, and information necessary to repair their own electronic devices. That could be a smartphone, a laptop, farming tractor, or any piece of modern machinery. However, this policy isn’t just a debate about fixing a broken screen or replacing a battery; it’s a complex issue because all technology isn’t the same.
The discussion surrounding Americans fundamental right to repair the products they own has reached a critical juncture. Do we include all technology or make exceptions? So as state and federal policymakers consider broader accessibility and repairability of everyday devices, it is important they tread carefully when it comes to medical equipment. Especially to avoid putting underprivileged communities at risk.
Including medical devices in the right to repair legislation will put sophisticated technology in the crosshairs of a debate that could jeopardize patient safety. That is because development, sale, and repair of the medical technology used by more than 50,000 members is regulated by the Food and Drug Administration. The government has deemed that regulations will protect the quality of medical equipment that is critical to public health and safety. So, shouldn’t the technicians and servicers of medical devices have oversight too?
Unfortunately, our system does not work that way. The fact is the FDA has no insight into the more than 21,000 independent servicers that they know make up the repair market for medical equipment. They are not required to report any failures from their repair. One FDA report from 2018 found that of 4,000 reports of improperly repaired devices from independent servicers, nearly 300 caused serious injuries and even death. But this figure is probably much higher.
In the medical field, policies that require medical equipment repairs to be conducted by authorized service providers are a patient safeguard, that is critically important.
Allowing uncertified repair technicians to service complex medical devices through right to repair policies could inadvertently exacerbate the growing gap in access to quality healthcare. Studies have shown that Latinos face barriers when it comes to health access, affordability, and equity. According to the Pew Research Center, about half (48%) of Hispanic Americans say less access to quality medical care where they live is a major reason for worse health outcomes among the Hispanic community in the U.S.
With healthcare facilities in Hispanic communities already lacking access to resources, the need for authorized repair professionals is even more important to promote health equity. Thankfully many recognize that changes are needed to address this imbalance, but a right to repair policy could comprise the system before we even get started.
The risk of lumping medical devices into the right to repair legislation is too high. We should not be adding more uncertainty around the standards that keep us safe and allow unregulated services to reap the benefits of an unchecked system. And with the Hispanic community already facing health care inequities, patients and medical professionals cannot afford to let right to repair widen that gap.
We can strike and balance between empowering consumers and safeguarding the public. Our elected leaders need to understand the wide-ranging implications that may result from certain versions of this type of legislation and make sure that any type of right to repair legislation exempts medical device repair.
Dr. Elena Ríos is President and CEO of the National Hispanic Medical Association.
Access the Spanish Version of the piece here.