LEGAL ISSUES WITH ELECTRONIC MEDICAL RECORDS
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Latest Breaking News - Law - Viewing: Legal Issues with Electronic Medical Records Sunday, September 27, 2009 When medical practices change over from paper to electronic medical records (EMR), steps must be taken to ensure that the records remain legally sound. The change to electronic medical records brings up some issues with compliance, privacy, and security. Below you will find some important considerations to make when switching your practice over to EMR. When writing and exam on a piece of paper and signing it, you create a legal document. You are most likely familiar with the problems that can result from changes to medical records, and the importance of good documentation. The Healthcare Information and Management Systems Society (HIMSS) asserts that electronic medical records must be stored legally. Otherwise, these records can be challenged as hearsay and deemed invalid. This is important, because when electronic medical records do not meet the legal requirements, a payor can sometimes deny a claim. Also, you could create the risk of an adverse outcome in litigation. In addition to being sure your electronic records aren't altered, you must also be able to demonstrate the procedures which are used to ensure this. How, then, can you be sure your electronic records can't be altered? Ask yourself the following questions: Does the system keep a record of who is accessing and writing to the record? You wouldn't want your name appearing as the author of another user's entry. Does it contain a security protocol which is strict but not too time consuming? Features could include an automatic time-out after a period of inactivity, and periodic changes to the alphanumeric passwords. Does it use a secure 'lock-out' feature? Perhaps the doctors could be able to make changes at the end of the day, but after a certain amount of time has passed the record should lock. Does the system write time stamps on all entries to show an audit trail? For example, the system could write an unalterable draft of each event and entry. By paying attention to these important considerations, you'll be on your way to ensuring your electronic medical records system is legal and usable. Patient Privacy Do you remember when the HIPAA first appeared on the scene? No more can you even keep a patient check-in form at the front desk, or risk having a patient learn who else had been in on that day. The penalty could include jail time. Undue Burden Some recent legal cases have established that data which is accessible must be able to be produced, including backup data. Although this may seem an unfair burden for a medical practice, experts dealing with these sort of legal cases believe that EMR will result in a decrease of malpractice suits, as as result of better documentation and a lower rate of medication-related mistakes. Even so, if data is kept on a failed hard drive, and the costs of recovering the data is significant, it could create an undue burden; judges could rule that the expense be shared between the two parties. Accessibility In the world of paper records, charts that are more than seven years old that were purged are considered legally 'inaccessible.' If a plaintiff's attorney asks you to produce the record, it is impossible. When it comes to electronic information, however, inaccessibility could be more difficult to prove, as electronic data can almost always be recovered. In fact, most of the current EMR software systems don't even let a provider delete patient records. E-Discovery Discovery is the pre-trial phase in a lawsuit. Each party can compel production of evidence by means of a subpoena or a deposition. E-Discovery refers to information saved in an electronic format. The collection of digital evidence has even spawned the field of cyberforensics. This column cannot adequately cover a topic as broad as E-Discovery. The bottom line for medical practices is that a reliable and secure backup process is a must. Eventually, rational minds emerged victorious, and some of the more inane regulations have relaxed a bit. There are still privacy issues which are specific to the electronic aspects of medicine, in regard to inappropriate disclosure of patients' data. An unauthorized email, unsecured wireless network, a computer monitor left on in view of another patient are some prime examples.
By the way, do you want to learn more about implementing EMR in your own practice? Download my free report "Getting Through The EMR Maze." Click here for the free EMR report Note: You are free to reprint this article as long as the text links remain intact. Article Views: 42 Related Articles When To Seek For The Services Of A Local Solicitor Generally, lawyers conduct court proceedings and deal with any legal matter as part of their professional practice. However in Ireland and the United Kingdom, lawyers will have to choose one title only; and that is between a barrister and a solicitor. Whiplash Compensation Services - Where To Go And Where Not To Go Your whiplash compensation service should be staffed by qualified whiplash solicitors, not just people who have developed their knowledge by experience. Certificates of qualified solicitors are always displayed prominently in front of their chambers, so look out for the sign of an LLB. How To Leave Your Property To Your Children In Legal Forms As a parent with minor children, you would be concerned about what would happen to your children if any type of disaster strikes you and your spouse, and either one party or both of you die. Thus preparing estate planning using legal forms is important steps in your life whether you like it or not, for the sake of your lovely children's future. By using the plan, you can leave your property to your children legally. How To Get Your Insurance Company To Pay Up For A Whiplash Claim Whiplash is one of the most common injuries suffered by people in road accidents. Also, it is one of the easier to fake - merely braking suddenly can produce a whiplash injury, which can then be exploited for a hefty insurance claim. Four Distinct Benefits Of Hiring A Local Solicitor At some point in our lives, we are all going to need help on legal matters. Some of the most common occurrences that are likely to come our way include matters of conveyancing, HIPs, Wills & Probate, Family Law, Debt & Insolvency, Accident Claims, Employment Law, Estate Planning and Asset protection. Through every aspect of our lives -- sorrow, happiness, life and death -- the law plays a role. And most of us aren't quite sure what to do about it. What Are The Disadvantages Of A Quit Claim Deed? Property law can be a tricky business especially when personal relationships are involved. Particularly in times of divorce, it can get quite tricky when it comes to a fair and equitable settlement. Five Reasons You Might Need A Local Solicitor Lawyers aren't portrayed in a favorable light. There are many jokes that talk about their character which are always negative. But if you need legal help and aid who will you turn to? You will need a solicitor. Get Benefits From Free Legal Forms Online In these days of technology, growing number of people are looking for free legal forms online for their own benefits, instead of visiting attorney for any initial consultation. Beat Third Party Negligence With A Personal Injury Attorney All the calm, happy days of your life could change in an instant if you become a victim of a personal injury. The occurrence of freak accidents and acts of negligence happen more regularly then you think, and most people are not aware of their legal rights or the manner in which to make a claim. This is why you need a personal injury attorney to help you with your claim. Always Consult With Automobile Accident Attorneys For Your Safety No one wants to end up in an automobile accident, nor face the possible astronomical costs to be paid after the calamity. However, the reality of the situation is that you never can tell when you will be involved in a collision, so having an automobile accident attorney to represent you would be most wise. |
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