Appligent AppendPDF Pro 5.5 27 0 obj Both health care attorneys and physicians are grappling with new technology that brings with it the need for close attention to new areas of detail. Those days are long over at OU Medical Center, where data are stored half in paper and half in electronic systems. endobj The issues have media, social, political, and economic effects. Distinctive privacy issues arise in vulnerable populations, but particularly here, where extensive data capture may be immortalized after PHR data is migrated into a centralized store – be it an electronic medical record (EMR) or a social networking site. Legal & Ethical Considerations. 5 0 obj I recently discussed some matters concerning electronic medical records, including what constitutes a legal record, ways to maintain the record's integrity with devices like an audit trail, and preventing alterations to these records. With the ability to view previous care plans, tests, and treatments, there is a lower chance of wasted time and resources repeating an unnecessary test or procedure. Interested in linking to or reprinting our content? In our current health system, EHRs have one critical performance requirement: generating clinical revenues. EHRs are seen as beneficent because of alleged increased access to health care, but research has not consistently demonstrated access for disadvantaged persons. The existence of the EHR gives rise to many concerns involving legal and ethical principles. Legal Issues with the Electronic Health Record Get tips on best practices to manage EHR / EMR security, privacy concerns and avoid problems causing HIPAA violations. Confidentiality of health information is increasingly relevant in the era of electronic medical records. With passage of the Patient Protection and Affordable Healthcare Act, electronic health records have been widely adopted across healthcare organizations large and small. This can serve as double-edged sword for NPs who face the ethical obligation to ensure that the record is complete by adding information after the patient visit, knowing full well that post-visit addendums, corrections, retractions, deletions, or other late entries to the electronic record can expose them to liability and/or Board of Nursing issues. 3 0 obj 2017-03-22T04:16:20-07:00 In addition, the medical record serves as a legal record in the event of claims due to malpractice or occu- pational injury. Ethical issues (beneficence, autonomy, fidelity, and justice) related to electronic health records (EHRs) confront health personnel, health leaders, and health policy makers. Indeed, there are dozens of ways the privacy of the client can be weakened or violated with paper or electronic records but I want to discuss some less obvious risks to our ethical promises. E-discovery issues. Prince 9.0 rev 5 (www.princexml.com) Legal Issues with the Electronic Health Record 7 EHRs make patient information more readily accessible to far more people than any paper chart stashed away in a filing room. They also change how and to what extent medical professionals’ document patient encounters and add in safety-related features such as clinical decision support (Versel, 2011). Interoperability. And it’s a right that may be vanishing fast, for one basic reason: electronic health records (EHR). 2. Legal requirements must be met, but when these are fulfilled, EHR’s become a repository for accessible and legal information for providers of healthcare. (2010). <> In 2013, Quebec introduced an electronic database, called the Québec Health Record, to securely share a patient’s… This is important, because when electronic medical records do not meet the legal requirements, a payor can sometimes deny a claim. <>/MediaBox[0 0 612 792]/Parent 10 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/Type/Page>> 29 0 obj To understand the complexities of the emerging electronic health record system, it is helpful to know what the health information system has been, is now, and needs to become. A major goal of Electronic Health Records programs (EHRs) is to share information to support comprehensive treatment. Interested in LINKING to or REPRINTING this content? endobj <> 8 0 obj endstream <>stream <>/MediaBox[0 0 612 792]/Parent 10 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/Type/Page>> 5 COVID-19 questions answered, Meet the 13 members of Biden's COVID-19 task force, 900+ Mayo Clinic workers diagnosed with COVID-19 in past 2 weeks, Trump signs executive orders on healthcare: 6 things to know, Staff at hospitals in DC, Texas turn down COVID-19 vaccine, 100 of the largest hospitals and health systems in America | 2020, Massachusetts hospital COVID-19 outbreak may be tied to employees eating together, 26 hospitals bringing back furloughed employees, COVID-19 patients most infectious 2 days before, 5 days after symptoms emerge, analysis finds, Utah hospital stops conspiracy theorists attempting to sneak in, disprove ICU capacity claims, Sam's Club launches $1 telehealth visits for members: 7 details, Ballad dismisses cardiothoracic surgeon who asked CEO to make incision on patient, New York hospital exec disappointed after staff cut the line for COVID-19 vaccine, 50 top teaching hospitals in the US, ranked by Washington Monthly Magazine, Kamala Harris on healthcare: 6 things to know about her policy positions, Trump preparing healthcare executive orders: 4 things to know, Trump adds Dr. Scott Atlas to coronavirus task force: 5 things to know about him, US News' Best Hospitals 2020-21 Honor Roll, UnitedHealth accused of illegally deflating reimbursements, 'We are about to enter COVID hell': Experts warn of most dangerous surge yet, 6 hospital ransomware attacks in 24 hours prompts US advisory: 8 things to know, How a true Centers of Excellence is boosting patient experience and quality, 10 ways supply chains can use analytics to access greater savings on indirect spend, Lung cancer diagnoses have declined due to COVID-19, patient education and awareness must be part of the response, How to evaluate a telehealth platform today — a guide for IT, 8 Marketing Metrics Healthcare Executives Should Track, Managing the entire supply chain proactively in the new normal, Using Tech to Improve Patient Engagement in the New Normal, Influenza vaccination is more important than ever: To help, Immunization Action Coalition launches new mass vaccination resources website, How to gauge your hospital’s financial health, How to ADMINister Chronic Wound Care to Help Improve Patient Outcomes, 6 things health systems need in medication access technology, A commitment to collaboration and education — surgical robotics at Emory Healthcare, Using telehealth to manage chronic diseases, 150 top places to work in healthcare | 2019, ASC Annual Meeting: The Business and Operations of ASCs, Health IT + Clinical Leadership + Pharmacy Conference, Spine, Orthopedic and Pain Management-Driven ASC + the Future of Spine Conference. Medical Record – Legal Process • Generally no legal definition of “medical record.” • Ultimately, bound by terms of subpoena, order, warrant, or law regardless of internal definition. x��[�o�F�n���~�z�j�|��q��� u|�C�Z�EX"]R�p���̒�lr�T]�h$�"w;�ǎ�<\��TL�^�T�jzx��V��:�����H�I0�S$\���r���%���S�njX���_I���Ã/�_�R��#;�Ɇf�`�#��n(����Ӛm�z���Gz0g������x \����,�k��Χx���}9, Legal Issues with the Electronic Health Record. endobj <> endobj HIPPA and the EMR EHR Environment. endobj Legal Issues in the Medical Record." 2017-03-22T04:16:20-07:00 <> application/pdf 1 0 obj DOI: 10.21007/CHP.HIIM.0050 Corpus ID: 79739666. Electronic health records create conflict among several ethical principals. Legal Issues and the Electronic Health Record The electronic health record or EHR is an exciting technological advance in the medical community, helping to streamline healthcare for patients multiple areas. 46 0 obj 2 0 obj 10 0 obj 28 0 obj Electronic medical records pose several challenges to patient privacy. <>stream EHRs are a technology. <>/MediaBox[0 0 612 792]/Parent 10 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/Type/Page>> 9 0 obj Issues of misuse of the EHR previously identified include breaches in confidentiality and privacy and inappropriate record sharing. EHRs also must help providers meet regulatory requirements that may have financial or accreditation implications… A retrospective, cohort study of claims in the CRICO Strategies national Comparative Benchmarking System was conducted for medical malpractice cases coded using a specific coding taxonomy during the period January 1, 2011, through December 31, 2015. 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