A frequently asked question we receive at CAP is “can I release the records?” Medical practices frequently receive medical record release requests from multiple sources, including subpoenas, attorneys letters, law enforcement, regulatory agencies, and patients themselves.

The No Surprises Act goes into effect January 1, 2022. The new federal law, following much of the blueprint of California’s AB 72 enacted in 2017, holds patients harmless from surprise bills.

On and after January 1, 2022, healthcare practitioners authorized to issue prescriptions must do so by electronic data transmission means, and pharmacies must be able to accept and process a Rx electronically transmitted.  The failure to comply with these provisions requires referral to the licensing board for administrative sanctions.

With the advent of electronic health records, office-based practitioners must also fight complacency with system-generated reminders for regular patient testing.

Notwithstanding the usual suspects that hinder electronic medical record implementation — initial costs, interoperability problems, training burdens, and altered physician-patient dynamics — there’s also the risk of a pure system malfunction. In a malpractice suit after an admitted malfunction, a physician’s actions will still be scrutinized.