New Rules for Electronic Health Records Are Here

We've been hearing about electronic health or medical records since the 2008 presidential election. The idea is to record and store our medical records on computers with the goals of cutting red tape, eliminating unnecessary and expensive medical tests, and saving lives by reducing mistakes in medical treatments.

In mid-2010, new rules were established to push the health care industry closer to those goals.

Rules

In July 2010, the US Department of Health and Human Services (HHS) announced two new rules for electronic health records (EHRs). HHS was required to come up with rules as part of the Health Information Technology for Economic and Clinical Health Act (HITECH), which passed in 2009 along with the American Recovery and Reinvestment Act, or the "Stimulus Bill."

The rules make available up to $27 billion in incentives over the next 10 years. Doctors and other eligible health care professionals may get as much as $44,000 under Medicare and $63,750 under Medicaid. Hospitals may get millions under Medicare and Medicaid, too. This money may be used to buy and maintain computers and other equipment needed to collect and store patients' digital health records.

There's a downside, too. Doctors and hospitals who don't comply with the rules by 2015 may face penalties under Medicare and/or Medicaid.

Meaningful Use

One rule deals specifically with meaningful use. It's not enough for doctors and hospitals to switch to electronic record-keeping. To be eligible for incentives, they must meet different objectives showing their use of EHRs is promoting better, safer, and more efficient health care.

Standards and Certification

The second new HHS rule deals with Standards and Certification Criteria. This rule specifies and explains the EHR technological requirements to make sure records are secure and confidential and can be shared with other health care providers. This rule also explains how EHR technology is used to meet the "meaningful use" requirements.

What It Means

For doctors and health care professionals, the new rules are a wake-up call. According to HHS Secretary Kathleen Sebelius, today only 20% of doctors and 10% of hospitals use basic EHRs. If your medical office or hospital isn't using EHRs yet, it's a good idea to start looking into a system and process as soon as possible.

If you're already using EHR technology, you should contact an information technology professional - and probably an attorney - to make sure your system complies with the new rules. This way you can qualify for the incentives and avoid any penalties down the road.

Patients will see some changes, too. For example, your "paper file" will disappear and you doctor may type notes into a laptop computer as you and she talk. Your prescriptions may be sent electronically directly to your pharmacy. And, if you request it, a copy of your medical records may be available much faster and much cheaper than in the past.

Unfortunately, the costs of starting, operating, and maintaining the system may be passed onto patients through increased fees for office visits and the like. This is especially true if a doctor or hospital doesn't qualify for the incentives. Also, as with practically everything else stored on computers, security may an issue. Patients should also ask their doctors about security measures taken to protect their records.

In the end, however, the use of EHRs will make things easier for both patients and health care providers alike.

Questions for Your Attorney

• If my practice doesn't participate in Medicare or Medicaid, do I still have to follow the new EHR and HITECH rules?
• What should I do if my doctor's office tells me there was a security breach in its computer system?
• Can I send EHRs to a patient's email address if she specifically requests it?