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Legal Protection for EHR Users?

U.S. Rep. Tom Marino introduced H.R. 3239, the Safeguarding Access For Every Medicare Patient Act, on Oct. 26, 2011 to provide greater legal protection to Medicare and Medicaid providers who are mandated to use electronic health records by 2014 per the HITECH Act.  

The bill is designed to ensure patient access to Medicare and Medicaid providers as many of these providers are reluctant to use EHR with concerns that errors will make them more vulnerable to unnecessary legal action and will cease to participate as providers in these programs.

H.R. 3239 would create a system for reporting potential errors that occur when using electronic records without the threat of that information being used as an admission of guilt. It also prevents electronic records from being used as an easy source for “phishing expeditions’’ . The proposal allows for providers who use electronic records to take remedial measures without having those actions be used to establish guilt, places time limits on the filing of lawsuits and offers protection against libel and slander lawsuits.
Post date 11/12/2011
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