The Legal EHR: Definitions and Beyond

Barry S. Herrin, FACHE, Smith Moore Leatherwood, LLP. As we continue to implement our grandchildren’s technology within our grandparents’ legal system, questions and problems continue to arise in the context of the electronic health record, and particularly in the definition of the “legal” electronic health record. This presentation discusses some of the practical problems and legal issues created as healthcare organizations work through this definitional process, with reference to the Federal Rules of Evidence, the Federal Rules of Civil Procedure, the HIPAA Privacy and Security Rules, and general risk management and health information management best practices.