Electronic Health Records & NH Surveys

CMS recently issued a survey and certification letter which clarifies provider and state agency/surveyor responsibilities for facilities using electronic health records (EHR). It is posted here: http://www.cms.hhs.gov/SurveyCertificationGenInfo/downloads/SCLetter09_53.pdf

Among other items covered in the memo, providers/suppliers have the right to use whatever system of medical records they choose as long as that system complies with its Medicare participation requirements. And, while surveyors are expected to enforce the specific health and safety regulatory requirements for providers/suppliers to protect the confidentiality of medical records, they are not expected to assess EHRs to determine whether they satisfy the requirements of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules.

The Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) said they are committed to the goal of most Americans having access to health care providers who use EHRs by 2014. CMS said it recognizes the importance of the use of EHRs and their benefits to better patient/resident care and reduced costs.