Physician practices continue to struggle with legal and practical issues when they switch electronic health records (EHR) software systems. These problems include the transfer of data between EHR systems (including what happens when such a transfer is not possible), the HIPAA implications of such switches, and concerns raised by physicians changing employers or practices merging. Daniel has written in previous years about
EHR license agreements, but now addresses these new concerns in his article “
Physicians Switching EHRs”. This article examines the spread of EHRs – including the history of the Federal government’s involvement in encouraging their adoption – and the impact that has had on physicians. It also explores common reasons why physicians switch EHRs, including data from recent surveys of thousands of physicians on the subject. From EHR vendors holding practice data “hostage,” to the HIPAA requirements to preserve access to records for patients, to former employers claiming ownership of patient records to which physicians need access, Dan addresses the legal and practical problems that arise, and offers practical guidance in navigating these issues. As EHR software agesamid the continuing dynamism in health care generally, these problems are likely to persist. Physicians, be prepared!