In February of 2009, Congress enacted the American Recovery and Reinvestment Act of 2009 (“ARRA”) to stimulate the United States economy. Included in ARRA are provisions to allocate approximately $19 billion for the adoption and implementation of health information technology in the health care industry, including electronic health records (EHRs) and e-prescribing. These provisions are known as the Health Information Technology for Economic and Clinical Health Act, or the “HITECH ACT”. Physicians and hospitals will be able to apply for incentive payments to be used for purchase and implementation of health information technology if they can demonstrate “meaningful use” of “certified” EHR technology. “Meaningful use” will require the external exchange of health information to improve quality of care (including implementation of community-wide Health Information Exchange Networks (HIEs) and Regional Health Information Organizations (RHIOs)), and e-prescribing.

Parker Poe health care attorneys assist hospitals and physicians in understanding the implications and opportunities of the HITECH Act and the adoption and implementation of electronic health records and health information exchange. Our attorneys can assist with preparations to qualify for the available incentive payments, and can assist with health information technology strategies and plans and evaluation of and contracting with vendors for health information systems. Parker Poe attorneys also assist health care clients in complying with other HITECH provisions which modify HIPAA privacy and security requirements for covered entities and business associates.

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