Can a patient opt out of EHR?

[TommyJeff]

As there are now federal insentives to medical doctors to put all patient files on there electronic health records system, does the individual have any rights to opt out of such a program?

Or should the individual have to opt in?

Or does no one care who sees their health records?

[NorthCarolinaLiberty]

Tommy Jeff, I notice you ask a lot of very elementary questions, but then seem to be well-versed in responding to people's answers. Your answers are always so short too; and then you're off to create the next thread. Just wondering. :)

Can you also share your background? It seems the subtle theme of all your questions relates to state versus federal power. I'd be interested to hear your take on that issue in one of your threads. It sounds like you have a legal background or a very academic one.

And welcome to the forums. ;)

[Anti Federalist]

*incentives.

Sorry.

And the answer is C:

No one cares.

[jllundqu]

Seems Thomas Jefferson, er, TommyJeff as it were, likes to throw out these types of threads... Not a whole lot of depth in the interaction though. TJ, would you do us a solid and elaborate on some basic stated positions you hold?

[TommyJeff]

Tommy Jeff, I notice you ask a lot of very elementary questions, but then seem to be well-versed in responding to people's answers. Your answers are always so short too; and then you're off to create the next thread. Just wondering. :)

Is this a problem?!

And what are you just wondering NCL? I'm not one that easily talks about myself, though if you had a forum topic you'd like my opinion on, please share a link.

Thanks for welcoming me to the forum. When joining I did not intend to upset others so I apologize if that is what has taken place. I cannot agree that my questions are all elementary but I guess it depends on who reads the question.

[TommyJeff]

Seems Thomas Jefferson, er, TommyJeff as it were, likes to throw out these types of threads... Not a whole lot of depth in the interaction though. TJ, would you do us a solid and elaborate on some basic stated positions you hold?

As I was replying to NorthCarolina, I saw you made a post. So again let me say I'm sorry if I have offended you and others on this forum.

As for the Thomas Jefferson comment - I don't see why that has any meaningful value in your post.

[NorthCarolinaLiberty]

Is this a problem?!

And what are you just wondering NCL? I'm not one that easily talks about myself, though if you had a forum topic you'd like my opinion on, please share a link.

Thanks for welcoming me to the forum. When joining I did not intend to upset others so I apologize if that is what has taken place. I cannot agree that my questions are all elementary but I guess it depends on who reads the question.



Heavens no, it's not a problem! I hope my wondering about your opinion is not a problem. We have people here from very diverse backgrounds. They often provide good insight, based on their background.

And I understand your view about not talking about oneself. I'm also a fairly private person. Good to see though, that you've already made five friends since you joined this week. Initiating friendships is not always easy.

[phill4paul]

When joining I did not intend to upset others so I apologize if that is what has taken place.


So again let me say I'm sorry if I have offended you and others on this forum.

We're just trying to get to know ya. I'd bet a hundred horses that no one has been offended as yet. Now after we get to know ya things might change. :p

[ChristianAnarchist]

My wife is a doctor. I'm the administrator of our medical practice. We switched to EMR about 3 years ago (against my will but my wife outvoted me). If you come to our office to be treated we will not be able to see you if you object to having us use the EMR. It's the way we do our charting now. We don't have a provision for "paper" charts and it would be too much work for us to try to implement one. I'm afraid you would have to shop around for a doctor who does not have an EMR (there are a few left)...

[NorthCarolinaLiberty]

I always ask what people mean when they say "confidential." How many need to see something before it's no longer private or restricted? Maybe hard to measure (or maybe not), but I'd guess that term has lost plenty of meaning.

[TommyJeff]

Now after we get to know ya things might change. :p

Lol. Deal.

[NorthCarolinaLiberty]

I'm afraid you would have to shop around for a doctor who does not have an EMR (there are a few left)...

I don't visit the doctor, but still see dentists who use paper. I don't see them for that reason, but because they don't charge for some of this new technology. I have conversations with them about sales people who visit them and they often roll their eyes. These guys are getting hard to find.

I did have to see a dental specialist for some deep work, and that was a different story.

[TommyJeff]

Heavens no, it's not a problem! I hope my wondering about your opinion is not a problem. We have people here from very diverse backgrounds. They often provide good insight, based on their background.

And I understand your view about not talking about oneself. I'm also a fairly private person. Good to see though, that you've already made five friends since you joined this week. Initiating friendships is not always easy.

Ok thank you for clearing that up. I have enjoyed the many points of view on this forum so far. Have you started any topics recently?

[TommyJeff]

My wife is a doctor. I'm the administrator of our medical practice. We switched to EMR about 3 years ago (against my will but my wife outvoted me). If you come to our office to be treated we will not be able to see you if you object to having us use the EMR. It's the way we do our charting now. We don't have a provision for "paper" charts and it would be too much work for us to try to implement one. I'm afraid you would have to shop around for a doctor who does not have an EMR (there are a few left)...

There will continue to be fewer and fewer as the federal government offers incentives to doctors who use EMR and cuts the reimbursement of those who don't.

[phill4paul]

My wife is a doctor. I'm the administrator of our medical practice. We switched to EMR about 3 years ago (against my will but my wife outvoted me). If you come to our office to be treated we will not be able to see you if you object to having us use the EMR. It's the way we do our charting now. We don't have a provision for "paper" charts and it would be too much work for us to try to implement one. I'm afraid you would have to shop around for a doctor who does not have an EMR (there are a few left)...

Great, someone "in the know." I know that there are incentives to create an electronic record. I've got no problem with that. Who the hell, in this day and age, not. At present does this record have to be entered Federally. Is it mandatory to enter Federally or only incentivised?

[ChristianAnarchist]

Great, someone "in the know." I know that there are incentives to create an electronic record. I've got no problem with that. Who the hell, in this day and age, not. At present does this record have to be entered Federally. Is it mandatory to enter Federally or only incentivised?

They are using a carrot and stick strategy. They offer incentives for changing over to EMR as the carrot and reductions in reimbursement for those who don't. The reductions are (as I recall) 1% in 2012 3% the next year and I think 5% the third year. There will be further reductions, of course and I don't know if they will just be 5% per year or something else. I could be off a bit in these numbers and years as I'm relying on my faulty memory, but you get the picture.

My biggest argument AGAINST giving in and getting the EMR is that I can see a day not too far in the future when the goons will pass one of their phoney laws saying that all EMR systems have to be linked to Medicare and then they will literally have direct access to everyone's medical records. They will use this new power for many nefarious ends. They can see if patients are being "compliant" and start penalizing them for their failure to do so. Another scary thought is they can "review" all of the doctor's charts and look for "errors" in billing. Keep in mind that billing is extremely complicated and you can easily be found to have made small mistakes in your paperwork. The way things are now they would have to ask for copies of patient records to review them but once they have full time access they will be able to use "swarms of officers" to look for small errors that can "invalidate" the claims that have been submitted and already paid. When medicare finds that claims have been submitted with errors they want their money back. You can resubmit the claims with the errors corrected, but imagine some small office's nightmare when the goons notify you that they have reviewed claims for the last 3 years and have rejected 60% of them and they want you to refund $750,000 or resubmit the claims with errors corrected. You have the choice of going out of business and filing bankruptcy or paying to have all the claims corrected and resubmitted... Expect the small practitioner to go out of business within the next 10 years...

[acptulsa]

As for the Thomas Jefferson comment - I don't see why that has any meaningful value in your post.

Just a little conversation. Generally if someone does something like that with their username, they're pleased when someone 'gets it'.

No reason to hide it if that's the deal. I think it's safe to say that Thomas Jefferson is this crowd's favorite Democrat by a country mile or two. We won't disapprove.

[TommyJeff]

They are using a carrot and stick strategy. They offer incentives for changing over to EMR as the carrot and reductions in reimbursement for those who don't. The reductions are (as I recall) 1% in 2012 3% the next year and I think 5% the third year. There will be further reductions, of course and I don't know if they will just be 5% per year or something else. I could be off a bit in these numbers and years as I'm relying on my faulty memory, but you get the picture.

My biggest argument AGAINST giving in and getting the EMR is that I can see a day not too far in the future when the goons will pass one of their phoney laws saying that all EMR systems have to be linked to Medicare and then they will literally have direct access to everyone's medical records. They will use this new power for many nefarious ends. They can see if patients are being "compliant" and start penalizing them for their failure to do so. Another scary thought is they can "review" all of the doctor's charts and look for "errors" in billing. Keep in mind that billing is extremely complicated and you can easily be found to have made small mistakes in your paperwork. The way things are now they would have to ask for copies of patient records to review them but once they have full time access they will be able to use "swarms of officers" to look for small errors that can "invalidate" the claims that have been submitted and already paid. When medicare finds that claims have been submitted with errors they want their money back. You can resubmit the claims with the errors corrected, but imagine some small office's nightmare when the goons notify you that they have reviewed claims for the last 3 years and have rejected 60% of them and they want you to refund $750,000 or resubmit the claims with errors corrected. You have the choice of going out of business and filing bankruptcy or paying to have all the claims corrected and resubmitted... Expect the small practitioner to go out of business within the next 10 years...


You make a great case here.