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Bill Introduced to Protect Medicare, Medicaid EHR Users

October 31, 2011
by root
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U.S. Rep. Tom Marino, (Penn.) has introduced legislation that offers limited legal protection to Medicare and Medicaid providers who use electronic records.

The bill, HR3239, the Safeguarding Access For Every Medicare Patient Act, would ensure patient access to Medicare and Medicaid providers; reduce health care costs; guarantee incentives to providers to remain in the Medicare and Medicaid programs; and promote participation in health information technology.

Providers will eventually be required to participate in electronic recordkeeping or face a reduction in payments. Marino said the bill offers incentive in the form of legal protection to providers who may be reluctant to remain in the Medicare and Medicaid programs due to low reimbursement rates which are constantly being targeted for further reductions.

HR3239 would create a system for reporting potential errors that occur when using electronic records without the threat of that information being used as an admission of guilt. It also prevents electronic records from being used as an easy source for “fishing expeditions,’’ while making sure that parties responsible for errors are held accountable. The proposal allows for providers who use electronic records to take remedial measures without having those actions be used to establish guilt; places time limits on the filing of lawsuits; and offers protection against libel and slander lawsuits.

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