1 See FAQ 4 in the detailed FAQs at the link at the end of the article.
2 For example, some psychologists write their notes in a Word document on their computer. This is not considered having an EHR. CMS defines an EHR “as an electronic version of a patient’s medical history, that is maintained by the provider over time, and may include all of the key administrative clinical data relevant to that persons care under a particular provider, including demographics, progress notes, problems, medications, vital signs, past medical history, immunizations, laboratory data and radiology reports. The EHR automates access to information and has the potential to streamline the clinician's workflow. The EHR also has the ability to support other care-related activities directly or indirectly through various interfaces, including evidence-based decision support, quality management, and outcomes reporting.” https://www.cms.gov/Medicare/E-Health/EHealthRecords. HHS has also proposed defining EHR in the proposed changes to the HIPAA Privacy Rule.
3 When APA Services originally published this FAQ in December 2020, we thought that a further extension of this deadline was possible. At the time of writing this update, less than 10 days before the compliance date, we’ve seen no indication that HHS is likely to extend the date again.
4 The April 2021 deadline requires health care providers (as well as certified health IT developers and health information exchanges/networks) to comply with the Information Blocking Rule. But providers are not required to upgrade their EHR systems immediately to the new certification criteria.
5 For more on this issue, see FAQ 2.C in the detailed FAQs link at the end of the article.
6 See FAQ 3 in the detailed FAQs link at the end of the article.
Disclaimer: Legal issues are complex and highly fact-specific and state-specific. They require legal expertise that cannot be provided in this article. Moreover, APA and APA Services, Inc. attorneys do not, and cannot, provide legal advice to our membership or state associations. The information in this article does not constitute and should not be relied upon as legal advice and should not be used as a substitute for obtaining personal legal advice and consultation prior to making decisions.