Mary Angeline D.

Aspacio

EH301

TITLE: As Electronic Health Record Implementations Rise ... So Will Disputes. NAME: ! H. Stephen "ie#er eing a nurse and a healthcare practitioner $irst% #e$ore I decided to ta&e up and study "a'% I $ound this article (ery interesting and one in 'hich I can relate 'ith #oth o$ my chosen lines o$ pro$ession. It ga(e me a #rie$ #ut (ery clear scenario o$ 'hat is e)pected to happen in the medical and the la'yering $ield once the Electronic Health Record *HER+ technology 'ill #e applied not only in the ,nited States #ut also here in the -hilippines. . Alternati(e dispute resolution *ADR+ in healthcare is most o$ten used in the conte)t o$ ad(erse e(ents *e.g. malpractice claims+% pro$essional lia#ility claims% and employment disputes. ut the passage o$ the American Reco(ery and Rein(estment Act o$ /000 *ARRA+ presents ne' situations and challenges $or ar#itrators% and as a result% disputes arising out o$ the licensing% installation% integration% and implementation o$ electronic health record *EHR+ technology may 1oin the ADR list.2 3his 'as the prediction o$ the author o$ my chosen article % H. Stephen "ie#er. Some hospitals and medical practices already use an EHR system and rely on the #ene$its o$ interopera#le digital e)change o$ patient health in$ormation among caregi(ers. 3his includes more time $or patient care% $e'er medical errors% $e'er unnecessary medical tests% immediate and ongoing access #y clinicians to patient data% and a#ility $or patients to #ecome more in(ol(ed in their o'n care as 'ell as impro(ed 'or&$lo'. A gro'ing num#er o$ healthcare organi4ations already use the EHR systems% as HIMSS Analytics data sho' that% as o$ the end o$ 5une /011% 1.16 o$ the more than 7%000 non8go(ernmental ,.S. hospitals trac&ed #y the $irm operate in a completely paperless en(ironment. Healthcare malpractice ar#itration o$ten in(ol(es patients 'ho su$$er in1ury in a nursing home setting. 9n the other hand% Health I3 claims $re:uently $ocus on allocation o$ damages that result $rom mal$unctioning or improperly integrated so$t'are that causes s&e'ed data; pri(acy #reaches; lost #usiness opportunity due to $ailed interopera#ility; con(ersion o$ con$idential or proprietary in$ormation or intellectual property; or a myriad o$ other #reach o$ contract actions. With the increasing adoption o$ EHRs% healthcare pro(iders and so$t'are (endors may $ace more situations demanding ar#itration. In order to ar#itrate% the contract #et'een these t'o entities must contain an ar#itration clause% usually inserted #y the so$t'are (endor. As EHR is included in the Health In$ormation 3echnology $or Economic and <linical Health *HI3E<H+ Act% health I3 'ill soon trans$orm the current healthcare setting. It is e)pected that there 'ould #e increases in disputes and demand $or ar#itration ser(ices arising $rom issues li&e= a data pri(acy #reach that happens 'hen encryption 'asn>t ena#led #y the pro(ider% e(en though it 'as included as a $unction in the (endor so$t'are; an error in the data that leads to the healthcare pro(ider ma&ing a decision on patient care that results in malpractice lia#ility% again gi(ing rise to disputes o(er imputation o$ damages to (endors; and So$t'are mal$unctions% including do'ntime o$ se(eral hours resulting in canceled appointments and the ina#ility to access charts% and thus% loss o$ re(enue% leading to a #reach o$ contract claim. 3he $ailure to properly anticipate and allocate ris&s o$ damages% and the costs associated 'ith resol(ing con$licts% can result in signi$icant ad(erse conse:uences $or healthcare pro(iders. 3hus% healthcare pro(iders should #e prepared to negotiate $or an ar#itration clause that includes as many possi#le disputes that could arise. As the adoption o$ EHRs and other health I3 systems continues to rise% particularly o(er the ne)t $our years% ar#itrators 'ill #e called upon to understand the nuances o$ contracts #et'een health I3 so$t'are (endors and healthcare pro(iders.