Health Information Technology And Medical Malpractice Lawsuit Liability

In 2009, the U.S. Government passed The Health Information Technology for Economic and Clinical Health (HITECH) Act, as part of the American Recovery and Reinvestment Act of 2009, to promote the adoption and meaningful use of health information technology (Mangalmurti, Murtagh and Mello 2060). The HITECH Act authorizes grants and incentives to promote the “meaningful use” of electronic health records (EHR) by providers (2060). The effect is a high commitment to a technology-led system reform, urging a renewed national commitment to building an information infrastructure to support health care delivery, consumer health, quality measurement and improvement, public accountability, clinical and health services research, and clinical

The purpose of this paper is to discuss the electronic health record mandate. Who started it and when? I will discuss the goals of the mandate. I will discussion will how the Affordable Care Act ties into the mandate of Electronic Health Record. It will describe my own facility’s EHR and what steps are been taken to implement it. I will describe the term “meaningful use,” and it will discuss possible threats to patient confidentiality and the what’s being done by my facility to prevent Health Information and Portability Accountability Act or HIPAA violations.

Regulation placed upon the healthcare system only seek to improve safety and security of the patients we care for. The enactment of the Health Insurance Portability and Accountability Act (HIPPA) and the enactment of Meaningful Use Act the United States government has set strict regulations on the security of health information and has allotted for stricter penalties for non-compliance. The advancement of electronic health record (EHR) systems has brought greater fluidity and compliance with healthcare but has also brought greater security risk of protected information. In order to ensure compliance with government standards organizations must adapt

The American Recovery and Reinvestment Act (ARRA) of 2009 identified three main components of meaningful use: the use of a certified EHR in a meaningful manner, electronic exchange of health information to improve quality of care, and the use of technology to submit clinical outcomes and quality measures (Heath Resources and Service Administration, n.d.). ARRA includes many measures to modernize our nation’s infrastructure, with the “Health Information Technology for Economic and Clinical Health (HITECH) Act” being an example. The HITECH Act is an effort led by Centers for Medicare and Medicare Services (CMS) in support of electronic health records and meaningful use (Centers for Disease Control and Prevention, CDC 2016). According to Galbraith (2013), the HITECH Act aims to promote the use of EHRs by providing over $27 billion in monetary incentives for health care providers that become “meaningful users”. CMS uses these core objectives to determine if a health care provider has satisfied meaningful use and is eligible to receive financial incentives (Galbraith, 2013).

The American Recovery and Reinvestment Act made an investment in the year 2009 to encourage the adoption and implementation of the electronic health records (EHRs)(Cite). EHRs incentive payments were authorized through Medicare and Medicaid to clinicians and hospitals when they privately and securely used EHRs for achieving improvements in care delivery by the Health Information Technology for Economic and Clinical Health Act (HITECH). The healthcare organizations are expected to demonstrate meaningful use of EHRs. This rule of meaningful use has been implemented to strike a balance between acknowledging the urgency of adopting EHRs for improving the healthcare system and identifying the challenges that would be put forth

In 2009, the Health Technology for Electronic and Clinical Health Act (HITECH) of 1996 was expanded. This expansion included mandated guidelines for health care systems in the Unites States to continue implementing of Electronic Health Records (EHR) in health care settings by 2016 and added a provision to improve protection of patient health information through privacy and security Turk (2015) . The implementation of this program has created a debate in the medical community. In addition, many healthcare organizations and institutions have conducted research studies and surveys to evaluate the effects of the EHR on documentation of care and other aspects of the EHR. Challenges surrounding the HER include, the cost of implementing EHR’s, time spent performing documentation, and patient outcomes and safety and security concerns. Let’s further delve into a few of these challenges.

Prior to the federal mandate of EHR, research continued to show the fallacies of the healthcare system like the report published from the Institute of medicine, stating that “medical errors are the 8th leading cause of deaths in the U.S. and cost approximately forty billion dollars a year” (Overview, 2012). This was one of many indicators that healthcare needed to be reformed and in 2009, the president signed the American Recovery and Reinvestment Act or HITECH Act, which mandated that all healthcare providers must comply and begin to transition to electronic medical records (EMR) and demonstrate “meaningful use.” This act set up a timeline, which established that practices and hospitals needed to be up and running with EMR in order to continue receiving reimbursements from federal programs like Medicaid and Medicare.

For over 10 years, all areas of industry have been investing in informational technology (IT). IT offers faster and more proficient care especially for the healthcare industry. Health information technology (HIT) is making significant changes in how care is being delivered and addressed for patients and healthcare workers. HIT includes electronic health records (EHR), personal health records (PHI), electronic prescribing and more. The potential list is endless. HIT provides for more accurate and efficient documentation, prescriptions, and education. The Obama administration came up with an answer to help in HIT by instituting the meaningful use. This paper will discuss the overview of meaningful use, its’ core criteria, and recommendations for additional criteria.

The health law field presently exists at the precipice of enormous change. Care providers must manage the legal implications that come with networked electronic health records (EHRs) and payment based on patient outcomes. Problems also arise due to patients travelling solely for specialized treatment and growing pains attributable to newly merged and acquired healthcare organizations. These factors and more contribute to increasing litigation involving fraud, insurance disbursements

It appears that we do not have the technology required or currently a sufficient number of trained users for a successful implementation of the HITECH Act. We are potentially setting providers up for failure either on a patient satisfaction level or reimbursement level. There needs to be further investigation on clinical care processes, the execution and use of HIT, and restructuring of reimbursement to the providers. The current EHRs need to be able support both

The ARRA includes the Health Information Technology for Economic and Clinical Health (HITECH) Act, which pursues to improve American Healthcare and patient care through an extraordinary investment in Healthcare IT (HIT). The requirements of the HITECH Act are precisely designed to work jointly to provide the necessary assistance and technical operation to providers, enable grammatical relation and organization within and among states, establish connectivity in case of emergencies, and see to it the workforce is properly trained and equipped to be meaningful users of certified Electronic Health Records (EHRs). These computer software products are designed collaboratively to intensify the footing for every American to profit from an electronic health record (EHR) as part of a modernized, interrelated, and vastly improved grouping of care delivery.

A wave of medical errors and patient deaths caused by healthcare providers renewed the search for a viable EHR system in 2000. Electronic health records would allow "providers to make better decisions and provide better

The goal in healthcare today is to achieve better patient outcomes. Technology is changing daily that affects how patient care is provided. As the world around us continues to move into a more advanced technology based healthcare system incentives are offered to qualifying healthcare entities, provided they are utilizing approved health information technology (IT) to comply with standards set by the Centers for Medicare & Medicaid Services (CMS) (Jones, Rudin, Perry, & Shekelle, 2014). Standards such as meaningful use help ensure with the use of electronic health records (EHR) that patients are receiving quality care (Centers for Disease Control and Prevention [CDC], n.d.). This paper will define and discuss the importance and implications of meaningful use relating to healthcare. Several key points will be discussed including an overview of meaningful use, analysis, further recommendations and a conclusion.

The transformation of health care through the use of Health Information Technology continued with the passing of the Patient Protection and Affordable Care Act of 2010, which mandated the integration of physician quality reporting and Electronic Health Record reporting. This Act required the creation of measures and reporting of the “meaningful use of the electronic health record” and “quality of care furnished to an individual.” In doing so, the law directly links the adoption of the electronic health record with quality of care to the patient. This entails coordination which the Act requires the use of electronic health

Electronic health records (EHR’s) have many advantages, but there are plenty of disadvantages. EHR’s were created to manage the many aspects of healthcare information. Medical professionals use them daily and most would feel lost without it. Healthcare organizations were encouraged to adopt EHR’s in 2009 due to the fact that a bill passed known as The Health Information Technology for Economic and Clinical Health Act (HITECH Act). “The HITECH Act outlines criteria to achieve “meaningful use” of certified electronic records. These criteria must be met in order for providers to receive financial incentives to promote adoption of EHRs as an integral part of their daily practice”, (Conrad, Hanson, Hasenau & Stocker-Schneider, 2012).