The utilization of electronic health records (EHR) by medical practitioners has been a policy push by the federal government for a number of years. The use of EHR has been promoted by the federal government through initiatives involving the Medicare and Medicaid programs such as electronic prescribing bonuses and payments for “meaningful use” of certified technology. The government’s rationale is that it believes that EHR is going to streamline and improve delivery of health care services.
The government has further demonstrated its desire for medical practitioners to utilize EHR through regulatory protections for adopting such technology. The Anti-Kickback Statute has a safe harbor and the Stark Law has an exception allowing the legal donation of EHR technology to practitioners under specified circumstances. This allows smaller and rural-based practices to have access to EHR technology that they may otherwise not be able to afford.
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