Abstract:
Abstract:
President George W. Bush's administration has outlined initial necessary steps to
transform the healthcare delivery system through adoption of interoperable
electronic health records ("EHRs") by the year 2014. This Article examines the
nation's shift toward the use of EHR technology, which largely facilitates patient
care by providing clinicians with the ability to review a more complete medical
record at the time of treatment. Current legislation calls for financial support and
technical standards. However, lawmakers neglect to fully address the Health
Insurance Portability and Accountability Act ("HIPAA") and the need to expand its
application and enforcement. In addition, healthcare provider Anti-Kickback and
physician self-referral statutes may continue to deter electronic connectivity
progress in healthcare, despite recently finalized safe harbor regulations. The
Article concludes that while lawmakers have demonstrated strong support for the
health information technology ("HIT") initiatives, significant challenges remain to
EHR adoption, including the lack of interoperability standards, financial obstacles,
and privacy and security concerns.
