We recently received two questions regarding electronic health records (EHR) or electronic medical records (EMR) and thought we’d share the answers in case you’ve asked yourself these questions too. Here they are:

1. Question: What are physicians’ rights to their medical records when an EHR system goes out of business or when a physician switches EHR systems?
   Answer: The 21^st Century Cures Act became effective April 5, 2021. This law makes blocking of health information illegal. Information blocking is anything that interferes with, prevents, or materially discourages access, exchange, or use of electronic health information (EHI). It applies to healthcare providers, health IT developers, and health information networks or health information exchanges. Developers of certified EHR technology cannot place roadblocks or impediments to transferring information out of the EHR or take any action that may inhibit the appropriate exchange, access, and use of EHI. If a developer of certified software is suspected of information blocking, they can be subject to an investigation and fines.
2. Question: How long do paper records have to be retained after being scanned into an electronic medical record (EMR) system?
   Answer: State law, for the most part, dictates how long you need to retain documentation. Once paper records are scanned into an electronic system, the electronic system contains the documentation which is subject to retention requirements. The key is to make sure the scanned documents have been fully scanned and have not been corrupted in the scanning process before destroying the originals. It is advisable to retain the paper records long enough to ensure the records were appropriately scanned into the electronic system.

We hope these answers from our experts help you better understand EHR/EMR!

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The information contained on the PICA Blog does not establish a standard of care, nor does it constitute legal advice. The information is for general informational purposes only. We encourage all blog visitors to consult with their personal attorneys for legal advice, as specific legal requirements may vary from state to state. Links or references to organizations, websites, or other information is for reference use only and do not constitute the rendering of legal, financial, or other professional advice or recommendations. All information contained on the blog is subject to change.