Beware of the PCEHR legal risks

Beware of the PCEHR legal risks


Just got word from my indemnity insurance about the risks of using the PCEHR.

It’s good to hear they’re covering some of the risks. Practice owners also need to look at the practice insurance policy to cover risks for the practice and its employees. I note that there’s no cover for fines and civil penalties.

Here are the risks as identified by MDA:

  • Privacy breaches.
  • Allegations of negligence for failing to detect critical patient information contained within the PCEHR.
  • Loss or corruption of electronic documents or data.
  • Intellectual property disputes.
  • Fines and penalties.

MDA States: “(…) before you opt in or decide to participate in the PCEHR, you should also consider that if your Practice (entity) is a party to the PCEHR contract, the entity itself along with your employees may be exposed.”

“Another possible exposure facing medical practitioners participating in the PCEHR are fines and penalties that relate particularly to the administration of the PCEHR. You should make sure you are aware of the obligations that apply to you and your staff before opting in. As with all contracts, if you have any doubts about what you are agreeing to, it may be worthwhile taking legal advice. MDA National Insurance policies do not provide cover for fines and civil penalties.”

For more information contact MDA or your insurance company or lawyer. Or don’t participate.

3 thoughts on “Beware of the PCEHR legal risks

  1. Edwin, as mentioned before, privacy and data breaches are going to be a growing thing in 2013 and beyond. Cyber insurance is a must as part of any risk mitigation strategy.


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