Editor’s note: This article has been provided by The Doctors Company, the exclusively endorsed medical malpractice carrier for the Society of Hospital Medicine.
On April 5, 2021, a requirement of thewent into effect: Patients must be able to access information in their EHRs “without delay.” (This requirement does not apply to paper records.) The Cures Act , often referred to as an “open notes” provision, provides patients with transparency in the outcomes of their health care via convenient access to information in their EHR, which can positively or negatively impact the patient-doctor relationship.
Patient access to records is not new, and neither is the Cures Act, which dates to 2016. What is new is the requirement that patients have electronic records access that is fast and easy. This requirement is expected to result in more patients – still a small proportion overall, but more patients – accessing additional EHR information, including providers’ notes.
The requirement to provide patients with EHR access raises questions for health care practices. Some questions are logistical, and some are relational. Concerns include the potential for increased time for patient education, or patient requests for changes to their records that the clinician cannot support.
Health care providers should understand the good, bad, and ugly implications of the Cures Act open notes provisions so they can meet the requirements and reap their benefits, while avoiding the potential for fines or sanctions based on noncompliance, or other negative impacts.
Good news about open notes
Manyabout their provider after reading a note. Positive effects on the patient-provider relationship may be most significant among vulnerable patients, such as those with fewer years of formal education.
Further, open notes have positive impacts on
Bad news about open notes
Concerns about open notes mainly revolve around the potential for conflicts with patients and potential time conflicts.
- Timing: The originally planned implementation date for the open notes provisions in the Cures Act was November 2020. Because of the COVID-19 pandemic, this was pushed back to April 2021. However, many providers and practices are still feeling the pandemic’s effects, leading to the question: “Will new demands never end?”
- Uncertainty about the documentation process: Most patients will not understand clinical shorthand, and providers may need added time for explanation. Providers are wondering: “How can I make my notes comprehensible to patients while still writing them quickly?”
- Technology: Some EHR vendors are still racing to provide services that allow practices to remain in compliance with the Cures Act. It may be necessary for a provider to call their EHR vendor and say: “What are you doing to ensure my interoperability compliance?” Meanwhile, secure drop box options for records requests provide a workaround.