Rep. Tom Marino (R-Pa.) has introduced legislation that if enacted would grant limited legal protection to Medicare and Medicaid providers in the event of an error that occurs while using electronic health records.
"The Safeguarding Access for Every Medicare Patient Act," H.R. 3239, would limit electronic discovery in a legal action to information related to the EHR-related adverse event and information from the period in which the event occurred. This will limit attorneys from using EHRs to go on "fishing expeditions" and looking for other information, Marino says.
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