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11
February, 2012
Saturday

Legal

Successful cloud-based EMR should include data rights in vendor’s contract

Pamela Lewis Dolan, amednews

“A contract stating that a practice owns the patient data entered and stored on a Web-based electronic medical record may not guarantee that the practice can control how the data are used or accessed.
[ More ]

30 January 2012 | No Comments »
Categories: News | Country: United States | EHR: EHR, EHR USA | Tag(s): Cloud, Data Mining, Disaster, Encryption, Legal, Ownership

Legal Regulations on Electronic Health Records: A Prerequisite or an Unavoidable By-Product? – The Legal Aspects of Electronic Health Records in Europe and the US Analysed

Dumortier J, Verhenneman G. SSRN, 2011

This chapter critically analyzes the legal and regulatory framework for Electronic Health Records in Europe and the US. At both parts of the world, the development of EHRs is evolving quickly, but many different approaches have proven possible. Different approaches resulted in different EHR solutions and different regulatory instruments. In Europe governmental bodies have been the driving force behind the development and implementation of EHRs. Consequently many European countries established a new legal framework simultaneously with the roll-out of government-initiated eHealth structures.
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26 January 2012 | No Comments »
Categories: Science | Country: Europe, United States | EHR: EHR | Tag(s): Legal, Regulation

Verplichting tot medewerking privaat EPD onverbindend

Ab van Eldijk, Platform Bescherming Burgerrechten

“De verplichting die zorgverzekeraars opleggen aan zorgverleners om mee te werken aan een privaat EPD leidt tot schending van het beroepsgeheim en is daardoor juridisch onhoudbaar.
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18 January 2012 | No Comments »
Categories: News | Country: Netherlands | EHR: EHR, EHR Netherlands | Tag(s): Insurance, Legal, Privacy

Lawmakers study remote medical care

Sean Ewart, Legislative Gazette

“The Senate and Assembly joint committees on health and insurance met in a roundtable session with leaders in the telehealth and telemedicine fields on Monday, Jan. 9, organized by the Commission on Rural Resources.
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18 January 2012 | No Comments »
Categories: News | Country: United States | Tag(s): Legal, Telemedicine

EU-Projekt: Daten aus E-Akten für die Forschung nutzen

e-Health-com News

“Im Rahmen des europäischen Projektes „Electronic Health Records for Clinical Research” (EHR4CR) bauen Partner aus akademischer Forschung und Industrie bis 2014 gemeinsam eine europaweite Technologieplattform auf, die künftig die Sekundärnutzung von Daten aus elektronischen Patientenakten für die klinische Forschung ermöglichen soll.
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18 January 2012 | No Comments »
Categories: News | Country: Europe | EHR: EHR | Tag(s): Ethics, Legal, Research, Secondary Data Use

Preparing for the Telehealth World: Navigating Legal, Regulatory, Reimbursement, and Ethical Issues in an Electronic Age

Baker DC, Bufka LF. Professional Psychology: Research and Practice, 42(6)

As technology advances, psychologists increasingly have the opportunity to engage with patients or other users of psychological services via less traditional methods. However, little guidance exists to prepare psychologists to navigate the legal, regulatory, reimbursement, and ethical issues that can arise when providing psychological services via technology.
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23 December 2011 | No Comments »
Categories: Science | Country: United States | Tag(s): Ethics, Legal, Mental Health, Privacy, Security, Telehealth, Telemedicine

Hong Kong launches public consultation on e-health records

Xinghui Guo, Asia Pacific Futuregov

“The Hong Kong government yesterday (12 December 2011) launched a two-month long public consultation to solicit views on the legal, privacy and security framework for electronic health record (eHR) sharing.
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13 December 2011 | No Comments »
Categories: News | Country: Hong Kong | EHR: EHR, EHR Hong Kong | Tag(s): Legal, Privacy, Record Sharing, Security

An Updated Account of the Ethical and Legal Considerations of Record Keeping

Bemister TB, Dobson KS. Canadian Psychology, 52(4)

The Canadian literature is void of contemporary guidelines for clinical record keeping for psychologists, as the most recent article was published more than two decades ago (Eberlein, 1990). However, the techniques used in record keeping have greatly advanced, specifically with regard to the role of computers and the use of electronic documents. Furthermore, new legislation and guidelines have been developed in response to these technological advancements.
[ More ]

21 November 2011 | No Comments »
Categories: Science | Country: Canada | EHR: EHR, EHR Canada | Tag(s): Ethics, Legal

Ethical and Legal Aspects of Telemedicine and Remote Consultation

Salil Garg, Mudit Mathur, Express Healthcare

“Cyberspace is a fast-changing, globally-networked, multicultural, and multilingual information environment with vast possibilities. It calls into question, national and international borders, cultural and ethical standards, regulations, and laws, which it bypasses and challenges.
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15 November 2011 | No Comments »
Categories: News | Country: United States | EHR: EHR, EHR USA | Tag(s): Confidentiality, Ethics, Legal, Liability, Privacy, Teleconsultation, Telemedicine

Privacy for Medical Records Weaker in US: Study

Mary Silver, Epoch Times

“American laws and procedures are not effective at protecting patient privacy, according to experts. Janine Hiller, professor of business law in the Pamplin College of Business at Virginia Tech, was the lead author of “Privacy and Security in the Implementation of Health Information Technology: U.S. and EU Compared,” published in the winter 2011 issue of the Journal of Science & Technology Law.
[ More ]

10 November 2011 | No Comments »
Categories: News | Country: Europe, United States | EHR: EHR | Tag(s): Implementation, Legal, Patient, Privacy

Privacy and Security in the Implementation of Health Information Technology (Electronic Health Records): U.S. and EU Compared

Hiller J et al, Journal of Science & Technology Law, 17(1)

The importance of the adoption of Electronic Health Records (EHRs) and the associated cost savings cannot be ignored as an element in the changing delivery of health care. However, the potential cost savings predicted in the use of EHR are accompanied by potential risks, either technical or legal, to privacy and security. The U.S. legal framework for healthcare privacy is a combination of constitutional, statutory, and regulatory law at the federal and state levels. In contrast, it is generally believed that EU protection of privacy, including personally identifiable medical information, is more comprehensive than that of U.S. privacy laws. Direct comparisons of U.S. and EU medical privacy laws can be made with reference to the five Fair Information Practices Principles (FIPs) adopted by the Federal Trade Commission and other international bodies.
[ More ]

10 November 2011 | No Comments »
Categories: Science | Country: Europe, United States | EHR: EHR | Tag(s): Implementation, Legal, Privacy

Electronic Records May Increase Malpractice Lawsuit Risk

Neil Versel, InformationWeek

“The rapid movement toward electronic health records (EHRs) may unwittingly raise physician risk for malpractice lawsuits and push liability insurers to raise their premiums, a new report suggests.
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26 October 2011 | No Comments »
Categories: News | Country: United States | EHR: EHR, EHR USA | Tag(s): Alert/Reminder, Insurer, Legal, Liability, vendors

Do EHRs Increase Liability?

Larry Ozeran, Mark R. Anderson, ACGroup

“Health Information Technology (HIT) has a history dating back almost 50 years to its origins in bioinformatics. The earliest HIT pioneers considered how best to encode and store information about patient treatment, but were limited primarily to basic science research projects or managing patients in their own institutions.
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26 October 2011 | No Comments »
Categories: News, Report | Country: United States | EHR: EHR, EHR USA | Tag(s): Legal, Liability

EHRs might impose new legal liabilities

Anne Zieger, EHR Outlook

“It may not be fun to consider this, but alas, we must. It appears that in the wrong circumstances, your EHR might pose new legal liabilities for your practice.
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18 October 2011 | No Comments »
Categories: News | Country: United States | EHR: EHR, EHR USA | Tag(s): Legal, Liability, Standards

Be wary of legal pitfalls when joining an HIE

Marla Durben Hirsch, FierceEMR

“One of the biggest draws of adopting electronic health records is the ability to share patient information electronically via health information exchanges (HIEs) cropping up across the country.
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14 October 2011 | No Comments »
Categories: News | Country: United States | EHR: EHR, EHR USA | Tag(s): Health Information Exchange, Legal

California Is Now Leading the Way in Telemedicine

Roger Downey, GlobalMedia

“In case you hadn’t heard, California Governor Jerry Brown signed the Telehealth Advancement Act of 2011 last Friday. This opens the door for telemedicine to expand in California. GlobalMed applauds the action. Essentially, it will remove the law that has discouraged the implementation of telemedicine in much of the state. According to the bill, it doesn’t become law until January 1, 2013.
[ More ]

13 October 2011 | No Comments »
Categories: News | Country: United States | Tag(s): Consent, Legal, Telemedicine

B.C. overhauling privacy laws

Rob Shaw, TimesColonist

“The B.C. government unveiled a sweeping rewrite of the province’s privacy laws that sets the stage for what it says are cutting-edge government Internet services but what critics call an erosion of personal privacy.
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5 October 2011 | No Comments »
Categories: News | Country: Canada | EHR: EHR, EHR Canada | Tag(s): Identity, Legal, Privacy, Smart Card

IT in healthcare pt4: Electronic health records and the law

Mhairi Mival, Computing.co.uk

“The use of electronic health records in hospitals and clinics can benefit the care provided to patients because information can be accessed immediately. But it also raises important data security issues.
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5 October 2011 | No Comments »
Categories: News, UK EHR | Country: UK | EHR: EHR, EHR UK | Tag(s): Data Protection, Legal, Security

Locking up the PCEHR

Charles Wright, eHealthCentral

“The government is clearly intent on discouraging health workers from idly perusing patient files within the PCEHR, with Health Minister Nicola Roxon outlining draft laws which would impose fines of $13,200 for individuals and $66,000 for organisations which unnecessarily accessed the record of any patient.
[ More ]

2 October 2011 | No Comments »
Categories: News, RA News, Record Access | Country: Australia | EHR: EHR, EHR Australia | Tag(s): Access, Audit, Legal, sealed-envelope

Illegal HER-User to Face Stern Penalty

Kanika Mehta, Top News AE

“Excessive and inappropriate usage of to-be launched electronic health records would cost heavy penalties, said Health Minister Nicola Rixon.
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1 October 2011 | No Comments »
Categories: News | Country: Canada | EHR: EHR, EHR Canada | Tag(s): Access, Legal, Patient

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