2024 Innovations in Clinical Neuroscience Journal Article by PRMS: EHR Use and Emerging Risks
Our PRMS Risk Managers frequently share their expertise by contributing articles to clinical journals, including the Innovations in Clinical Neuroscience (ICNS) digital journal, throughout the year. Read an excerpt by Justin Pope, JD, PRMS Senior Risk Manager, from ICNS’ article, “Risk Management: EHR Use and Emerging Risks.”
Understanding EHR Risks: What Clinicians Need to Know
Question: I am satisfied with my new electronic health record (EHR) so far, but I continue to see worrying headlines about EHRs in the news, most recently, stories about EHR companies closing out of the blue. Which EHR issues should I be concerned about?
Answer: At their best, EHRs allow clinicians to create clear, intelligible documentation of care, which can be shared with other treatment team providers and patients at a moment’s notice. However, clinicians should also be mindful of lesser-known risks that have emerged related to EHR use.
Some EHR companies have shut down suddenly and unexpectedly. In recent years, we have seen EHR companies close unexpectedly, leaving clinicians very little time to decide what they will do with their practice data. EHR vendors often delete all data belonging to their clients upon closure, so it is important to act fast. Planning for this situation ahead of time will enable you to quickly secure your patient data in the event your EHR company goes out of business. In this scenario, EHR companies usually present their clients with a couple of options:
The EHR vendor may offer to transfer your data to a new EHR company with whom they have forged a relationship. Using a third-party vendor may mitigate liability risk from allegations that practice data was not properly saved. If you choose this option, be sure to clarify what data will be transferred and the date of data migration. Do not assume the new company will offer the same terms of service as your previous vendor. Carefully review the new agreement for issues such as:
- Data ownership: Who owns the data?
- Fees: How will fees be assessed? Will late or non-payments result in denial of access?
- Training: Do they offer training, and will it also be available to new employees?
- Tech support: Will tech support be available 24/7? Is there an extra cost?
- Confidentiality, privacy, and security: Will they offer a Business Associate Agreement (BAA)?
- Disaster recovery: How often is data backed up? What assistance will be provided?
- Termination: If the agreement is terminated, will your data be returned in a usable format? Is there an extra cost? Will they delete your data?
Subscribe to the ICNS publication for free here to read the rest of Justin’s article listing additional options EHR companies usually present their clients with.
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Authored by PRMS.