Electronic Medical Information Systems Security Policy

“As of 2006, adoption of EMRs and other health information technology, such as computer physician order entry (CPOE), has been minimal in the United States, in spite of studies (such as  Development of a Module for Point-of-care Charge Capture and Submission Using an Anesthesia Information Management System  by David L. Reich, Ronald A. Kahn and David Wax, et al PMID 16810010) showing revenue gains after implementation. Fewer than 10% of American hospitals have implemented health information technology, while a mere 16% of primary care physicians use EHRs. The vast majority of healthcare transactions in the United States still take place on paper, a system that has remained unchanged since the 1950s. The healthcare industry spends only 2% of gross revenues on HIT, which is meager compared to other information intensive industries such as finance, which spend upwards of 10%.”
Article
Aidan Rice Medical Information Site, 16 November 2008

Harry Cayton to chair new patient data body

“Harry Cayton OBE is to chair the new National Information Governance Board for Health and Social Care (NIGB), which becomes a statutory body later this month.
Cayton was formerly the Chair of the Care Record Development Board (CRDB) - the predecessor of the NIGB - and chaired a ministerial task force on the summary care record in 2006.”
Article
Jon Hoeksma, eHealth Insider, 7 November 2008

Pelosi Adviser Says Democrats Will Introduce Health Information Technology Bill In Early 2009

“House Speaker Nancy Pelosi (D-Calif.) is committed to passing in the next session of Congress legislation that would require physicians nationwide to adopt health information technologies and could include negative consequences to encourage providers to do so, according to one of her senior advisers, CQ HealthBeat reports.”
Article
Medical News Today, 30 October 2008

Professors Call For Regulation Of Electronic Health Records

“Cost and security concerns about bringing health care record keeping into the 21st century through electronic health records (EHR)have led to a call for an effective regulatory and oversight system from a pair of Case Western Reserve University professors.”
Article
ScienceDaily, 30 October 2008

Health 2.0 Review - Smoke, Fires, and Companies to Watch

“Here’s my personal list of companies and teams that are close to becoming killer apps in their own right, especially if connected to a larger, more cohesive platform (the tree trunk) that enables 3 touch consumer access.
I’m not going to do long, lengthy reviews of what they showed onstage - for many of them I saw multiple demo rounds. Here’s the deal - I’ll pass along the companies. If they’re of interest, check them out. Follow up. Do some digging.
We’re at the point in healthcare IT where it’s innovate or die, or, worse yet, innovate and get to market, pronto, or be legislated out of the US market.”
Article
Jen McCabe Gorman, Health Management Rx, 29 October 2008

Patient data leaves NHS - officials answer our questions

“Nearly 300 million confidential medical records have transferred officially from the government to an academic organisation outside the NHS, Computer Weekly has learned.
The transferred records contain patient-identifiable information on nearly every stay by patients in hospitals in England, and visits to an accident and emergency department. Also within the transferred records are 215 million confidential files on visits to outpatient departments.
The downloaded files contain dates of birth of patients, their postcodes, NHS numbers and local hospital numbers.”
Article
Computer Weekly, 27 October 2008

Perspective: Patients to the front!

“With the Europe for Patients campaign, the European Commission (EC) has launched an initiative and a website which aim to make it clear to the public what the EC does or is planning to do in the field of healthcare. Although it is not an e-health campaign in itself, it is relevant to the sphere of health-IT.”
Article
Philipp Grätzel von Grätz, HealthTech Wire, 23 October 2008

Reducing the Copy Fee for Electronic Records

“In Illinois healthcare organizations and trial lawyers are disagreeing over how much facilities may charge when fulfilling requests for health records that are stored electronically. Also at issue is whether facilities must provide their digital records in a digital format.
A state law lowering the copy fees for electronic documents went into effect January 1, 2008. The law, the result of negotiations that tempered reductions in earlier proposed legislation, is already being countered with a bill to create a higher flat rate for all copying, regardless of record format.
In part, the tug-of-war highlights the gap between expectations over health IT’s potential and the current reality on the ground.”
Article
Chris Dimick, Journal of AHIMA, 20 October 2008

The Rise of the Personal Health Record: Panacea or Pitfall for Health Information

“Giant bytes have been taken out of the personal health record (PHR) market by technology companies like Google, Microsoft, Dossia, and others on a mission to connect consumers with their health information. If successful, the efforts by these and other Health 2.0 technology companies could transform the healthcare industry. It is too early to say whether the PHR will be the catalyst for healthcare reform; however, we can explore what may lie in the wake if a consumer-focused PHR revolution occurs.”
Article
Robert L. Coffield, Gerald “Jud” E. DeLoss, Health Lawyers News vol. 12, nr 10, October 2008

Online health records: New frontier in a ‘wild, wild West’

“The new online health accounts that give consumers a way to store and keep track of their medical data are the newest frontier in the unregulated terrain of electronic health records.
While laws like the Health Insurance Portability and Accountability Act (HIPAA) provide certain protections for records, online health accounts fall outside those regulations because the commercial entities offering them – Google, Microsoft, WebMD and Revolution Health to name a few – are not “health care providers”, nor does the data necessarily fall under the definition of a “medical record”.”
Article
Sylvia Hsieh, Medical Law Report, 17 October 2008

Experts predict federal law on medical ID theft

“The next Congress will consider strengthening federal law to combat medical identity theft, a fast-growing type of fraud that drains billions of dollars from the health care system and threatens the well-being of victims whose identities have been compromised, a legal expert said this week.”
Article
John Pulley, Government Health IT, 16 October 2008

PHR Privacy Questions Get Tougher When Criminal Justice System Involved

“The Kabuki we see in the transition to electronic health records obscures two obvious and fundamental issues:

• The nature of the confidentiality privilege for electronic records maintained by patients instead of doctors; and
• The right to avoid self-incrimination when medical records contain information that might result in criminal prosecutions.

Both issues deal with the legal rights patients have in their medical records. To be clear, this is not the same as the patient rights granted under HIPAA or the types of private sector commitments to not abusing use of medical records. We seem to have a grasp on these finer points.”
Article
Dennis Melamed, iHealthBeat, 14 October 2008

Breaking News: Congress Wants to Create National eHealth Network, Legislate Who “Owns” Health Data

“Clue - it ain’t patients. Google. Microsoft. I hope someone in your healthcare organizations reads this brief. Look especially to the latter 1/3rd.
Browsing Twitter this afternoon, I learned about a House bill draft (HR ____) nicknamed “Health e-Information Technology Act of 2008″ from @jesran.
It has not yet been assigned a number, but the draft copy is available here. It looks to be in pre-committee.
Sponsors: Mr. STARK (for himself, Ms. SCHWARTZ, Mr. MCDERMOTT, Mr. MCNULTY, Mr. LEVIN, Mr. EMANUEL, Mr. NEAL of Massachusetts, Mr. PASCRELL, and Mr. LEWIS of Georgia).
IF YOU ARE IN HEALTHCARE, THIS BILL IS THE MOST IMPORTANT THING YOU MAY READ THIS YEAR.”
Article
Jen McCabe Gorman, Health Management Rx, 8 October 2008

Is your EMR legal? A document can look like a medical record, but not meet the legal definition.

“You might find your electronic medical record to be an efficient way to store patient data, but is that record legal? If it were subpoenaed, would it help you or hurt you in court?
These kinds of questions are emerging as more physicians go electronic. Federal Rules of Civil Procedure, approved by the U.S. Supreme Court in December 2006, not only make any electronically stored data discoverable in a trial, but also open up physicians to several new liabilities inherent in the detail electronic data provides.”
Abstract
Pamela Lewis Dolan, AMNews, 13 October 2008

GP seeks urgent response on SCR legality

“A GP who is seeking publication of the Department of Health’s legal advice on plans for the Summary Care Record (SCR) has told the Information Commissioner (IC) he needs an urgent response to his request.
Dr Paul Thornton, a GP in Warwickshire, lodged a Freedom of Information Act appeal with the Information Commissioner in May after the DH refused to release its legal advice on the legal status of the health information stored as part of the SCR project.”
Article
e-Health Insider Primary Care, 6 October 2008

Enough with the new bills

“Yesterday, Health Data Management had a story about some new health IT legislation coming from Rep. Pete Stark (D-Calif.). I see lots of stories like it every time some member of Congress introduces a bill or even thinks about doing so, and I see just as many stories every time one subcommittee or another holds a hearing or takes a vote on health IT legislation.”
Article
Neil Versel’s Healthcare IT Blog, 16 September 2008

House Lawmaker Introduces Bill To Create Nationwide EHR System

“On Monday, House Ways and Means Health Subcommittee Chair Pete Stark (D-Calif.) introduced a bill designed to create a nationwide system of electronic health records, CongressDaily reports.
Under the bill, physicians who use an approved EHR system would be eligible for up to $40,000 over five years in Medicare incentive payments, while hospitals could receive several million dollars. Eventually, the Medicare incentive payments would be phased out, and Medicare reimbursements would decrease for health care providers that do not use an approved EHR system.”
Article
iHealthBeat, 16 September 2008

Stark Readies I.T. Legislation

“Rep. Pete Stark (D-Calif.) expects soon to introduce new health information technology legislation in the U.S. House.”
Article
Health Data Management, 15 September 2008

Rep. Stark Prepared To Introduce Legislation This Week To Spur Nationwide Adoption Of Electronic Health Records

“House Ways and Means Health Subcommittee Chair Pete Stark (D-Calif.) this week plans to introduce a bill intended to encourage nationwide adoption of electronic health record technology that will include a provision to impose penalties on health care providers who fail to do so, CQ Today reports.”
Article
Medical News Today, 11 September 2008

Journal of Telemedicine and Telecare, TOC, September 2008

Telemedicine can improve the health of youths in detention
“Young people in correctional care facilities often have physical or psychological disorders that contribute to their behavioural problems. In the US, the need for medical services in youth facilities far exceeds current resources, especially for paediatric mental health and specialty services. There is obvious potential for telemedicine to improve access to care and thus the level of health care for juvenile detainees. A few studies have indicated that in specific instances telemedicine has improved access to care, referrals, contact between providers, and has also reduced unnecessary referrals. The question remains, however, whether this improved access and timeliness to care has any effect on the major goals of the incarceration: treatment, education and rehabilitation. Further investigation of this linkage is needed.”
Abstract
Karen C Fox and Anna Lyn Whitt, J Telemed Telecare 2008;14 275-276, doi:10.1258/jtt.2008.008002

Emergency telepsychiatry
“Telepsychiatry can be used in two kinds of psychiatric emergencies: one-time clinical events and public health situations associated with mass disaster. Emergency telepsychiatry delivered by videoconferencing has the potential to improve patient care in many settings. Although experience is limited, it has been found to be safe and effective, as well as satisfactory to both emergency department staff and the psychiatric patients treated. The development of comprehensive and standardized guidelines is necessary. There has been little use of acute telemedicine in disaster situations to date. However, telemedicine is becoming part of routine emergency medical response planning in many jurisdictions. Emergency telepsychiatry has the potential to reduce emergency department overcrowding, provide much needed care in rural areas and improve access to psychiatric care in the event of a natural or manmade disaster.”
Abstract
Peter Yellowlees, Michelle M Burke, Shayna L Marks, Donald M Hilty, and Jay H Shore, J Telemed Telecare 2008;14 277-281, doi:10.1258/jtt.2008.080419

Hageseth’s principle of extraterritorial jurisdiction and international telemedicine
“At what point does an international telemedicine transaction create a sufficient commercial nexus to allow one country the authority to impose its laws on a foreign telemedicine providers? Some light on this matter was shed by the US case of Hageseth versus Superior Court. The authority for extraterritorial jurisdiction is found in the US Constitution, which requires the states to cooperate in matters of law enforcement. Similar cooperation from foreign nations cannot be expected. Unless a defendant is charged with a capital offence, nations are rarely willing to extradite their citizens. As the unlicensed practice of medicine is not a capital offence, it is unlikely that an unlicensed telemedicine provider would be extradited to the US. Because low-volume unlicensed offshore telemedicine providers are unlikely to be extradited or to be subject to trade sanctions, they may be able to operate beyond the law.”
Abstract
Thomas R McLean and Alexander B McLean, J Telemed Telecare 2008;14 282-284, doi:10.1258/jtt.2008.080416

The use of information and communications technology for health service delivery in Namibia: perspectives of the health service providers
“We surveyed health service providers in Namibia to find out how they used information and communication technologies (ICTs) to deliver health services to their patients. A structured questionnaire was administered to 21 health service providers in two regions of the country (one urban, one rural). There was overwhelming consensus among the health service providers that ICTs were very important, especially for medical services (100%). Ninety-one percent of health service providers viewed ICT as helping them to interact with other providers in other health institutions. The most commonly used ICT was the telephone, which was used in the admission areas of most health institutions (36%); the next most commonly used ICT was the PC (23%). The most commonly used channels for communication with patients were the telephone followed by TV. Some of the problems common to all health institutions in Namibia were poor budgetary resources and lack of basic infrastructure such as electricity or telephone lines. There is a need to promote ICT use for health service delivery and also to stimulate patients to use ICT to access health services and relevant information.”
Abstract
Meke I Shivute, Blessing M Maumbe, and Vesper T Owei, J Telemed Telecare 2008;14 285-289, doi:10.1258/jtt.2008.071204

Assessment of a remote monitoring system for implantable cardioverter defibrillators
“We conducted a multicentre study in five Italian hospitals to assess the feasibility of a remote monitoring service for the follow-up of implanted cardiac devices. The system was designed to monitor device performance as well as physiological aspects of the patient’s condition. Sixty-seven patients (mean age 64 years) affected by chronic heart failure and with a biventricular implantable cardioverter defibrillator for cardiac re-synchronization therapy (CRT-D) were enrolled for a three-month observation period. A total of 267 device recordings were transmitted through the ordinary telephone network, with a success rate of 99%. The telemonitoring service was more efficient than conventional face-to-face follow-up in terms of the time savings: both for physicians (4.7 minutes versus 15 minutes for remote and conventional monitoring) and for patients (6.6 minutes versus 116.3 minutes). In addition, a total of 23 clinical events occurred during the study, but only two cases required a clinic visit, thus reducing inappropriate hospital admissions. Finally, the service was well accepted by all the users.”
Abstract
Cristina Masella, Paolo Zanaboni, Francesca Di Stasi, Serena Gilardi, Patrizia Ponzi, and Sergio Valsecchi, J Telemed Telecare 2008;14 290-294, doi:10.1258/jtt.2008.080202

Quality of diabetes care among patients managed by teleconsultation
“We studied a new teamwork-based teleconsultation model for treating patients with diabetes, where a specialist in diabetes care, a diabetes nurse and a patient attended by videoconference. The study series consisted of all the patients (n = 101) at three health centres in northern Finland whose care was provided by a single physician at a remote diabetes clinic. A total of 101 patients with diabetes (19 of type 1 and 82 of type 2) were studied at baseline and at 10�14 months after the first consultation. Mean HbA1c was 8.0% at baseline and 7.6% at follow-up (P = 0.007). The proportion of patients with poor glycaemic control decreased from 32% to 13%. Mean LDL cholesterol was 3.3 mmol/L at baseline and 2.7 mmol/L at follow-up (P < 0.001). The percentage of patients with optimum lipid levels increased from 20% to 50%. Mean systolic blood pressure was 146 mmHg at baseline and had decreased by 6 mmHg at follow-up (P = 0.004). The percentage of patients with poor blood pressure control decreased from 19% to 8%. The most common changes in medication were the introduction or modification of insulin treatment and the introduction of statin and antihypertensive drugs and acetylsalicylic acid. Although the study was uncontrolled, there were improvements in glucose and LDL cholesterol levels and blood pressure in patients who were managed by teleconsultation.”
Abstract
Tuula Nikkanen, Markku Timonen, Kirsti Ylitalo, Olavi Timonen, Sirkka Kein�nen-Kiukaanniemi, and Ulla Rajala J Telemed Telecare 2008;14 295-299, doi:10.1258/jtt.2008.080313

Impact of telemonitoring at home on the management of elderly patients with congestive heart failure
“We studied the effects of home telemonitoring in elderly patients with congestive heart failure (CHF) on mortality and rate of hospitalization, compliance with treatment, quality of life and costs of CHF management, by comparison with a group receiving usual care. Fifty-seven elderly CHF patients were randomized to standard care or to home telemonitoring-based care and followed for 12 months. In the subjects who were monitored, weekly reports on their clinical status were obtained and their management was modified accordingly. Home telemonitoring was associated with improvements in the composite endpoint of mortality and rate of hospitalizations (P = 0.006), a better compliance with therapy, more frequent use of beta-blockers and statins, lower total cholesterol level and a better reported health perception score. The improved results with home telemonitoring in CHF were probably due to better compliance and to closer monitoring of the patients.”
Abstract
Roberto Antonicelli, Paolo Testarmata, Liana Spazzafumo, Cristina Gagliardi, Grzegorz Bilo, Mariaconsuelo Valentini, Fabiola Olivieri, and Gianfranco Parati, J Telemed Telecare 2008;14 300-305, doi:10.1258/jtt.2008.071213

Acceptability to primary care providers of telemedicine in diabetes case management
“We studied the perceptions of primary care providers (PCPs) about the telemedicine intervention in a trial of telemedicine for management of diabetes in medically under-served areas of New York State. A survey was mailed to 206 rural and 159 urban PCPs. The response rates were 25% and 22%, respectively. Eighty percent of respondents believed that a diabetes telemedicine case management system would help their practice. An overall satisfaction score (possible range 0�80) suggested good acceptability (mean 66, SD 12). In multiple linear regression, the rural location and younger age of the PCPs were independent predictors of higher satisfaction (both P < 0.01). Within-PCP comparisons showed a higher perceived impact on patients, as compared to impact on PCP practices (P < 0.001). However, the findings should be interpreted with caution due to the low response rates."
Abstract
Walter Palmas, Jeanne Teresi, Ruth S Weinstock, and Steven Shea, J Telemed Telecare 2008;14 306-308, doi:10.1258/jtt.2008.080410

The use of telemedicine to aid in assessing patients prior to aeromedical retrieval to a tertiary referral centre
“We evaluated the effect of telemedicine compared with traditional telephone conversations when evaluating patients for aeromedical retrieval. A convenience sample of consecutive patients referred for retrieval from Palm Island over a six-month period was compared retrospectively with patients referred during the previous six months. There was a significant difference (P = 0.014) in the number of patients referred in the telemedicine period (113) compared to the previous six months (78), which may have been a seasonal fluctuation. There was a smaller proportion of aeromedical retrievals in the telemedicine period (78%) compared to the control period (92%), P = 0.009. Other significant differences between the telemedicine and control period included a larger proportion of patients not transferred at all (16% compared to 5%, P = 0.022) and a smaller percentage of rotary flights (52% compared with 73%, P = 0.004). Retrieval coordinators perceived that telemedicine use prevented 10 aeromedical flights and six night flights. The coordinators and referrers felt that telemedicine improved patient care in 75% and 65% of consultations, respectively. The coordinators felt that it improved communication with the referring doctor for 84% of the consultations.”
Abstract
Kate A Mathews, Mark S Elcock, and Jeremy S Furyk, J Telemed Telecare 2008;14 309-314, doi:10.1258/jtt.2008.080417

A pilot study of videotelephone-based support for newly diagnosed paediatric oncology patients and their families
“As part of the preparation for a randomized controlled trial, we conducted a pilot study to investigate the feasibility of providing videotelephone-based support to a sample of families (,em>n = with a child diagnosed with cancer, returning home for the first time after diagnosis and initial treatment. Seven of these families received support via videotelephone over a three-month period. Twenty videotelephone calls were made totalling 400 minutes (median 21 min, IQR 16�24). All videotelephone calls involved the specialist nurse providing support to mothers (85%) or fathers (15%) and involved communicating directly with the patient in most of the calls (55%). Social workers were involved in three calls (15%). All families expressed satisfaction with services delivered in this way. There were few technical problems. The use of a hybrid approach to providing videotelephony, using the family home computer and Internet connection for video and the home telephone line for full-duplex audio, was less costly than the custom-made device used in past studies.”
Abstract
Mark Bensink, Nigel Armfield, Helen Irving, Andrew Hallahan, Deborah Theodoros, Trevor Russell, Adrian Barnett, Paul Scuffham, and Richard Wootton, J Telemed Telecare 2008;14 315-321, doi:10.1258/jtt.2008.080505

Telemedicine in the work site: a study of feasibility, and patient and provider satisfaction
“We examined the use of telemedicine for improving access to care in a work-site clinic. A prospective study of 100 patients was conducted over a four-month period in a work site that housed 700 employees. Sinusitis (10 visits), upper respiratory tract infections (9 visits), otitis media (9 visits), hypertension (9 visits) and back pain (8 visits) were the most common reasons for the visits. In 99 visits, clinicians were of the opinion that the telemedicine visit felt similar to a face-to-face visit. For most of the visits (67), patients strongly agreed or agreed that telemedicine had a positive effect on their relationship with the health-care provider. The otoscope, microscope and stethoscope telemedicine peripherals were important in aiding diagnosis (and ruling out other causes) in about 55% of the visits (upper respiratory tract infection, sinusitis, otitis media, cough, sore throat, nevi, rhinitis and ear wax related concerns). The ability for the patient to watch their ENT examination and see any associated abnormalities was appreciated by many patients. Physicians, nurses and patients were capable of using the technology with little training.”
Abstract
Prathibha Varkey, Kay Schumacher, Claudia Swanton, Barbara Timm, and Philip T Hagen, J Telemed Telecare 2008;14 322-325, doi:10.1258/jtt.2008.080512

Full judgment text of privacy breach Finnish nurse

CASE OF I v. FINLAND
Judgment
European Court of Human Rights, 17 July 2008

Physician Medicare payment fix sticks: New law includes healthcare IT measures

“In a Tuesday night vote, Congress easily cleared the Medicare Improvements for Patients and Providers Act of 2008 (H.R. 6331) with enough votes to override President Bush’s veto, which was cast earlier Wednesday. The new law will reverse a 10.6 Medicare pay cut scheduled for July 1.”
Article
Diana Manos, Healthcare IT News, 16 July 2008

Commission adopts proposal for directive on patients’ rights in cross-border healthcare

“As part of the Renewed Social Agenda, the Commission adopted today a proposal for a directive to facilitate the application of European patients’ rights in relation to cross-border healthcare, as well as a Communication on improving co-operation between Member States in this area. Despite several clear European Court of Justice rulings confirming that the EU Treaty gives individual patients the right to seek healthcare in other Member States and be reimbursed at home, uncertainty remains over how to apply the principles of this jurisprudence more generally. With this proposal the Commission aims to provide legal certainty on this issue. This follows calls from both the European Parliament and the Council of Ministers for the Commission to propose a specific initiative on cross-border healthcare, in a way explicitly adapted to, and respecting, the unique nature of the healthcare sector. In addition, the proposed Directive provides a solid basis to unlock the huge potential for European cooperation to help improve the efficiency and effectiveness of all EU health systems.”
Article
European Commission, 2 July 2008

Deal Reached on Privacy Bill

“Sen. Patrick Leahy (D-Vt.) has reached agreement with sponsors of the proposed Wired for Health Care Quality Act that could result in the long-stalled health care information technology bill moving through the Senate. The agreement also would substantially change the HIPAA privacy rule.”
Article
Health Data Management, 15 May 2008

Privacy advocates seek to protect prescription information

“The Coalition for Patient Privacy and 25 of its member organizations are asking Congress not to pass an e-prescribing mandate unless it includes provisions for protecting the privacy of prescription information.
In a letter to lawmakers, the coalition said the sale of prescription information for data-mining purposes has been a reality for more than a decade. �Mandating e-prescribing without privacy provisions endorses and encourages the current practices,� the letter states. �It sets Americans up for even greater violations of their private health records in the future.�
Article
Nancy Ferris, Government Health IT, 13 May 2008

Legislature makes changes with an eye to the future

“Dr. Tim Wargo admits his handwriting isn’t the easiest to read when he jots notes in patients’ medical records. The Waitsfield family physician also says that paper medical records take up too much space in his office and combing through them for critical information takes too much time.
Those are a few of the reasons Wargo is eager to move to electronic medical record-keeping, which his small practice will do later this year with financial aid and technical assistance from Vermont Information Technology Leaders.”
Article
Nancy Remsen and Terri Hallenbeck, Burlington Free Press, 11 May 2008

The State of eHealth: Napster or iTunes? Harley or Segway?

“A perennial challenge in technology markets is correctly guessing the timing of mass adoption. Big successes require being neither too late, when everything is locked up, nor too early, when the market is not ready to adopt innovation.
The more hard data I see on the state of online health innovation the more doubt I have about the chances of significant transformation happening in the near-term. Plenty of factors contribute to this conclusion. I wrote about the challenges with privacy and tepid user adoption. But there are bigger legal challenges.”
Article
Hippocrates, Trusted.MD, 5 May 2008

State laws impede health data exchange

“Efforts to create and operate health information exchanges across the country are challenged by old state laws written for a paper-based world.”
Article
Bernie Monegain, Healthcare IT News, 2 May 2008

Legally eHealth; Putting eHealth in its European Legal Context

“Healthcare systems, as we know them, currently are evolving. The technological adjustment introduced by ICT systems dramatically has altered the way players, citizens, patients, clinicians, care providers, policymakers, governments, vendors, and suppliers interact. Privacy and confidentiality, personal data, and data protection issues are becoming highly relevant when discussing eHealth in its European legal and regulatory context.
Legal certainty is a prerequisite for businesses to invest in innovation, and for providers and users to take up new products and services. As long as the eHealth market is characterised by lack of regulation and legal certainty, barriers to the progress of eHealth will persist.
The added value of eHealth is about developing a concerted and focused prospective approach of regulatory and other policy instruments to allow a varied set of technologies and innovative business models to rapidly meet demand and to benefit from the mobilising effect generated.
Key to the success of the eHealth initiative is a debate at regional and national level concerning the conflicts about whether and to what extent the current legislation regarding eHealth interferes with public health policy. Legal liability and jurisdictional certainty are at the heart of this discussion, as well as cross-border provision on healthcare. The aim of this booklet is to present an overview of how the current EU-level registration can meet demands of regulating the emerging eHealth markets of Europe.
I hope that this booklet �Legally eHealth; Putting eHealth in its European Legal Context,� can act as guidance for all players in the European health sector.”
Report
Celine van Doosselaere (EHMA), Jean Herveg (CRID), Denise Silber (Basil) and Petra Wilson (Cisco), for European Commission, 2008