EHR - Cloud Storage - Dark Clouds for Off-Shore Providers!! July 1 , 2023

On July 1, an amendment to the Florida Electronic Health Records Exchange Act (the Act)?will go into effect: sets forth stringent requirements that prohibit health care providers from storing patient information in offshore Electronic Health Record (EHR) and related technology.

Venture Capital/Startups - heads up for current and future investments.

HIPAA Versus the Act

The Act ?implement its own policies to protect patient information entrusted to health care providers on top of HIPAA.

“Health care provider” definition is very broad and mirrors the HIPAA’s, which effectively includes any type of provider, such as anyone licensed by an agency, providers’ clinical and nonclinical staff, pharmacies, home health aides, continuing care facilities, and more.

?However, on other items, such as utilizing EHR technology, the Act is far more limiting.

Qualified EHR Patient Information is Restricted to US, Its Territories, and Canada

According to the Act, any “health care provider that utilizes certified [EHR] technology must ensure that all patient information stored in an offsite physical or virtual environment, including through a third-party or subcontracted computing facility or an entity providing cloud computing services, is physically maintained in the continental United States, its territories, or Canada.” The the scope of this offshore prohibition “applies to all qualified electronic health records that are stored using any technology that can allow information to be electronically retrieved, accessed, or transmitted.”

The onus on the health care provider to understand every aspect of the EHR vendor with which it contracts. The licensee must also ensure that no person or entity that holds a controlling interest in the licensee[6]?holds an interest[7]?in an entity that has a business relationship with a foreign country of concern: The People’s Republic of China; The Russian Federation; The Islamic Republic of Iran; The Democratic People’s Republic of Korea; The Republic of Cuba; The Venezuelan regime of Nicolás Maduro; and The Syrian Arab Republic.

Five Key Steps That Should Be Taken Prior to July 1, 2023

1.?Determine If the Act Applies to Your Data.?

2.?Develop Contractual Safeguards for All Arrangements Restricting Data Subject to the Act to US and Canada.?

3.?Assess Existing Arrangements.?

4.?Review Ownership of Licensee.?

5.??Compliance Assessment and Certification/Recertification Process.?

Details on Troutman Pepper article

#entrepreneurship #projectmanagement #startups #socialentrepreneurs #venturecapital #investing #innovation #fundraising #entrepreneurK #smallbusinessk? #openingsk? #partnershipsk? #research,? #successk? #business #digitalmarketing?#Marketing?#economy?#economics?#advertisingandmarketing?#strategy?#sales?#contentmarketingk??#entrepreneurship?#projectmanagement?#startups?#socialentrepreneurs?#venturecapital?#investing?#innovation?#fundraising?#entrepreneurK?#smallbusinessk??#openingsk??#partnershipsk??#research,??#successk??#business?#technology?#future?#futurism?#businessintelligence?#softwareengineering?#programing?#analytics?#softwaredesign?#datamining?#data?#computersciencek?#pythonk?#fintechk?#cloudk?#automationk?#datasciencek?#productmanagement?#aik?#userexperience?#cloudcomputing?#mobileapplications?#bigdata?#technology?#future?#futurism?#businessintelligence?#softwareengineering?#programing?#analytics?#softwaredesign?#datamining?#data?#computersciencek?#pythonk?#fintechk?#cloudk?#automationk?#datasciencek?#productmanagement?#aik?#userexperience?#cloudcomputing?#mobileapplications?#bigdata Khosla Ventures?Sequoia Capital?Sequoia Capital LLP?JPMorgan Chase & Co.?Alchemist Accelerator?Berkeley SkyDeck?Bessemer Venture Partners?Greylock?Hercules Capital, Inc.?UpHonest Capital?Tribe Capital?GSR Ventures?GSR Maritime Ventures LLP?JC2 Ventures?Batter Ventures LLP?Battery Ventures?Union Square Ventures?Venrock?Norwest Venture Partners?500 Global?Y Combinator