Epstein Becker and Green Law Firm ALLEGATIONS OF VIOLATING HEALTH CARE LAWS

Article in progress to be reviewed and corrections of errors (including facts) to be made. At this time please consider this to be opinion only)

Culpability

Additions made to "The Cures Act" which now state that severe penalties will be imposed upon any medical entity (including Insurers) who refuse to share medical information now considered a serious Offence termed "blocking the sharing of Information" : Congress has passed legislation intended to impose fines and imprisonment on those in the medical community who do not comply with a plan to make their EMRs compatible for the purpose of the sharing of medical information. This lead many EMR companies and other large corporations to object as these laws require companies to develop and purchase new software to make their EMRs compatible with all others.

The right for a person to have access to and maintain a complete record of all of their health information has been incorporated into Health Care Law using existing Laws pertaining to the Civil Rights of individuals. The Access to a complete record of all of an individuals health information has always been a necessity to all physicians and health care entities caring for individuals, therefore there wasn't a need to impose rules and penalties related to "information blocking" on providers and Insurance Companies as the occurrence was rare, if ever. Although the requirement for these covered entities to share this info "always existed" as law by rules stated in the Privacy Act there was no need to propose legislation to create additions to existing laws to state that penalties would be imposed on any covered entity who refused to share info.. The need to impose penalties on those who refused to share info arose when, as stated, the lobbyists of EMR companies and other large corporations influenced members of Congress to object as these laws which placed a burden on these companies in terms of having to spend a great deal of time and money now to develop and purchase new EMRs or develop and or purchase new software and ancillary equipment and services to make their EMRs compatible with all others.

. The idea is to install the capability of medical information sharing between computer systems, to facilitate the sharing of medical information between health care providers, medical insurers, pharmacies etc.. so that a patient, their Primary Care Provider (PCP or "Medical home" all have access to all of a persons medical information. The term 'Primary Care Home" refers to medical corporations who employ numerous primary care physicans who together participate in the care of shared patients.

Today, with advances in technology and the existence of large Corporations with numerous physicians on staff whose office hours and availability to communicate with are not consistent, the ability for a patient & their PCP to maintain a complete record of all medical information on a person has become a daunting task. EMRs were devised with the intent not only to electronically store a persons medical information but to facilitate the sharing of medical info more efficiently then that which existed. The Health Care Model that predominates in America today, especially in large cities with is that has made it difficult for Health Care Entities to share information, often requiring multiple attempts for a patient or PCP to call nd speak with a provider with the advent of "call centers", the need to fax HIPPA consents, use protected encrypted electronic means etc. to communicate with and obtain medical information from other providers, share information.... The sharing of information was rarely, if ever, a problem prior to advances in technology and the formation of large medical corporations with hundreds of doctors employed by these Corporations. Doctors left private practice in increasing numbers as technology advanced and created as did the number of incorporate regulations incorporated into EMRs which many doctors found difficult to keep up with on their own.

Prior to 2010 and the signing of the Affordable Care Act (ACA), a medical model in the U.S. had existed for decades which primarily consisted of doctors in private practice who regularly communicated with one-another, PCPs referring to and developing a strong relationship with a small group of specialists that facilitated the sharing of information which was more manageable and complete with regard to a record of all of an individuals Health Information being readily available to them from the patient's PCP. With passage of the ACA, our Health Care System was gradually replaced by a more corporate structured model derived from the formation of "new" privately owned managed care companies, a great number of them. More insurance companies arose when the large insurance companies which already existed already began to create "new" subsidiary managed care companies. As a result, doctors in private practice were faced with the overwhelming task of applying to and participating with an extraordinary amount of insurance companies at the request of their patients who had signed up with these companies (not an easy task), submit all their credentials, wait for approval, constantly notify their patients of which health plan they accepted, new plans springing up all over the place with different and more complicated policies with different deductibles, co-pays, different lists of services each plan would approve and pay for.....UNREAL!!!! As a result, now doctors had the overwhelming task of searching for specialists who accepted their patients' insurance, patients searching for new PCPs who accepted their insurance, patients and doctors attempting to understand these new insurance plans new complicated deductible and Co-pay issues, co-insurance.... resulting i more doctors leaving private practice and HELLO TO CORPORATE MEDICINE with POLITICS, BUSISNESSMEN and VENTURE CAPITALISTS INTERFERING WITH AND TAKING CONTROL OF AMERICA'S HEALTH CARE SYSTEM as we all watched the quality of Americas Healthcare System which was once number one in the world, continually fall behind other Countries.

INTEROPERABILITY DEFINED is a term used for computers to exchange and share information: the ability of computer systems or software to exchange and make use of information for the purpose of sharing.

(Let's not forget, as some have, that we as humans still poses the capability of interoperability in relation to verbal and other types of communication. Covered entities are now still as they always have been responsivity to share information by verbal communication. We as humans are bound to follow all rules applied to artificial intelligence. Rules applicable to a computer program are certainly more stringent when applied to humans. (it's hard for some to see the forest through the trees).

Congress has passed legislation intended to impose fines on those in the the medical community who do not comply with a plan to make all EMRs compatible to share medical information on patients record. INTEROPERABILITY. Fines are applicable to those who refuse to share or block the sharing of information, including Medicaid Managed Care Plans and their business associates such as MVP Health Plan and their representation, Greenberg Taurig, Cynthia L. Neidl Counsel, Epstein Becker Green Counsel Robert Travisano or any other with accusations who are (allegedly) guilty of the "Blocking of Sharing of Information" in accordance with Laws in place which prohibit such actions. (opinion not yet proven with intent to prove, therefore all written here which is opinion should not be taken as fact, true or false).

In a rare act of bipartisan consensus on December 7, 2016, the U.S. Senate passed the Cures Act by a vote of 94 to 5 which followed a 392 to 26 House vote just over a week earlier approving the measure after years of being in legislative purgatory. It was President Obama?signed the bipartisan 21st?Century Cures Act (Cures Act) into law in 2016 initiating a significant shift in health policy and health law.