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Running head: MEANINGFUL USE PAPER 1

Meaningful use paper

Doris Marie Mosby-Peterson

Walden University

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MEANINGFUL USE PAPER 2

Meaningful use paper

Legal, financial and ethical issues with meaningful use legislation

With the aim of improving health care processes through health information technology

(HIT), the US government has promulgated requirements for “meaningful use” (MU) of

electronic health records (EHRs) as a condition for providers receiving financial incentives for

the adoption and use of these systems. Considerable uncertainty remains about the impact of

these requirements on the effective application of EHR systems (Slight et al., 2015)

The legal system, which relies on precedent and lags behind adoption of new

technologies including EHRs, offers little guidance to navigate the transition from paper-based to

electronic records (Perritt, 2009)

The economic ramification for implementing and maintaining EHRs is cost prohibitive

and can cost the medical provider thousands of dollars that may not be retrievable from

commercial and non-commercial insurance carriers. A key unresolved financial issue is who

should pay for the implementation and use of EHRs and HIEs. Under most current provider

reimbursement models, an estimated 89% of the monetary benefits from EHR use goes to health

care payers rather than to those who currently finance EHR implementations (Johnston, Pan,

Walker, Bates, & Middleton, 2003)

Medical records are by their very nature intensely personal, and a patient must be able to

have complete trust in the privacy and security of this information in order to provide it with

confidence. Breaches can lead to serious consequences for a patient (Mackenzie & Carter, 2010)

Patients may view that there is a duty to keep their personal patient information

confidential may be an express or implied term of a contract which a patient may enter into with

a health provider (Mackenzie & Carter, 2010). According to the law of negligence, a health

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Running head: MEANINGFUL USE PAPER Meaningful use paper Doris Marie Mosby-Peterson Walden University 1 MEANINGFUL USE PAPER 2 Meaningful use paper Legal, financial and ethical issues with meaningful use legislation With the aim of improving health care processes through health information technology (HIT), the US government has promulgated requirements for “meaningful use” (MU) of electronic health records (EHRs) as a condition for providers receiving financial incentives for the adoption and use of these systems. Considerable uncertainty remains about the impact of these requirements on the effective application of EHR systems (Slight et al., 2015) The legal system, which relies on precedent and lags behind adoption of new technologies including EHRs, offers little guidance to navigate the transition from paper-based to electronic records (Perritt, 2009) The economic ramification for implementing and maintaining EHRs is cost prohibitive and can cost the medical provider thousands of dollars that may not be retrievable from commercial and non-commercial insurance carriers. A key unresolved financial issue is who should pay for the implementation and use of EHRs and HIEs. Under most current provider reimbursement models, an estimated 89% of the monetary benefits from EHR use goes to health care payers rather than to those who currently finance EHR implementations (Johnston, Pan, Walker, Bates, & Middleton, 2003) Medical records are by their very nature intensely pe ...
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