Professor Discusses Electronic Health Records – Eric Swirsky, JD, MA

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Eric Swirsky, JD, MA

Summary: As an “ethicist”, Professor Eric Swirsky, describes what he would like to see regarding the electronic health record


One thing that I would like to see is more involvement in certification of these systems. Right now the certification process is light. The FDA is not involved in the certification of these systems. I feel that there needs to be some more government involvement in the creation of these systems and the designs.

We do have meaningful use regulations but what’s happening is it’s leading everything up to the users and the providers to determine what systems that they want as opposed to there really being a mandate from the top down about what needs to be in these systems as they’re developed and then being sold.

You can implement systems that are not compliant with the law. There’s a penalty for that but if you’re not billing Medicare then it really wouldn’t affect you as much. Because of that, we’re seeing lower rates of implementation for doctors that are maybe in private practice that aren’t taking Medicare dollars because the penalties don’t … they don’t touch them and neither do the incentives.