Regulatory Landscape: Understanding Requirements in Custom EHR Development


META-20-1024x538 Regulatory Landscape: Understanding Requirements in Custom EHR Development

As healthcare professionals, we both know the growing dependency of healthcare practices of electronic health records and for good reasons. The EHR systems have not only facilitated quality patient care activities but also made it simple for administrators in seamless data management.

However, a generic EHR system hardly meets the unique needs of specialty healthcare practices. This has given rise to customized EHR software development, due to which healthcare practices were able to meet their specific workflows and functionalities.

Furthermore, given the sensitive nature of data that these EHR software deals with, patient data privacy and safeguarding of that data is extremely necessary. And since the healthcare industry is prone to cyber attacks, the government has laid down a legal framework to ensure patient privacy, data security and system interoperability.

On that note, let’s navigate the legal, regulatory landscape for EHR software development. Let this blog be your guide to ensuring compliance with regulatory requirements.

Understanding Key Regulatory Frameworks

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Some of the key regulatory frameworks that you need to understand and adhere to are given below:

1. HIPAA (Health Insurance Portability and Accountability Act): HIPAA compliance in EHR software development is a major milestone that you need to achieve. Being a federal law, it not only regulates the legal landscape for the protection of health data but also in its ethical use. That is why it is necessary for healthcare organizations to adhere to HIPAA to ensure patient privacy. Furthermore, failing to comply with HIPAA can lead to hefty fines and even reputation damage.

2. HITECT Act (Health Information Technology for Economic and Clinical Health Act): HITECH compliance in EHR development is similar to HIPAA, but this one majorly focuses on data security measures and meaningful use of the EHR system. However, the major aim of this act is to promote the use of healthcare IT systems and to get the desired healthcare outcomes.

3. Meaningful Use Criteria: The patient health information that your EHR system will collect can be used in many different ways. To ensure that it is only used for care delivery, the meaningful use criteria establishes specific functionalities and data exchange requirements your custom EHR needs to meet to meet the quality of incentive programs started by the government.

4. FDA (Food and Drug Administration): For remote monitoring of patient health vitals, you will have to rely on certain devices. To ensure that those devices are safe to use and FDA approval is needed.

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Interoperability Standards

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Now that we’ve covered most of the legal requirements for EHR software development, let’s have a look at the interoperability standards that you need to adhere to for seamless flow of data from one healthcare system to another.

1. Compliance with FHIR (Fast Healthcare Interoperability Resources)

FHIR standards are nothing but a set of standards that allows desperate healthcare systems to seamlessly exchange data between healthcare information systems. HL7 FHIR acts as a common ground for the healthcare system to communicate with each other in an understandable manner and seamlessly share information.

By complying with HL7 and FHIR, you can securely and seamlessly exchange patient data with various healthcare providers and care team members to deliver timely care.

However, the compliance frameworks might change depending on the region you’re practicing in. Here, it becomes necessary to identify those national and international interoperability guidelines to ensure that the data is shared in a safe environment and does not land you or your practice in legal trouble. For instance, if you’re practicing in European Union countries, then GDPR compliance in EHR development is necessary, along with other necessary interoperability.

Patient Consent & Authorization

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For virtual care delivery, you first need to attain patient consent from the patient as a green signal from the patient to allow you to use their data and deliver care. And obtaining patient consent is easier said than done. While there are several ways that you can use to get their patient consent, digital patient consent or physical consent are some of the best ways to get it.

Furthermore, for your virtual care delivery program, you need to implement a functional mechanism for obtaining patient consent. Draft a clear patient consent form for data collection, storage, and sharing of patient health data within the custom EHR system for delivering care.

For this also you need to comply with the legal requirements for patient data sharing, one of the best examples of this can be the HIPAA authorization forms, which provides you with all the necessary guidelines that you need to adhere to for sharing patient data.

Last but not least, make your custom EHR software a one-stop solution for healthcare delivery, where you can incorporate features within your system to effectively manage patient consent and authorization processes. Clearly outline the process of getting consent and align your software in that way to ensure you get patient consent before starting to collect their data and deliver care.

Building a Secure & Compliant EHR System

The sensitive nature of patient data that your EHR system deals with and the healthcare industry being prone to cyberattacks make it necessary for you to build a secure and compliant EHR system. Here are some of the compliance strategies for EMR software development that you can use for building a secure EHR system:

1. Data Security Best Practices: Data encryption best practices in healthcare IT are used widely for protecting sensitive patient data. Furthermore, role-based access controls for restricting unauthorized access and audit trails for tracking system activity are some of the best practices that you can use to ensure that your data is secure.

2. Implementing User Authentication and Authorization Protocols: Implement robust user authentication mechanisms like passwords or multi-factor authentication and authorization protocols to define the roles of users who can access patient data and who require permission from the admin to access that data from the EHR system.

3. Ensuring Data Integrity and System Validation: Maintaining data integrity is crucial for care delivery and also reimbursement. By implementing a data validation process, you can not only improve the accuracy of the data that is being shared but also ensure the completeness of patient data within the EHR.

4. Maintaining Compliance with Ongoing Regulatory Updates: The healthcare landscape is changing with technology and that is changing the regulatory landscape as well. That is why you need to stay updated with the new regulations and implement the necessary changes every now and then within your custom EHR system to ensure your system is always compliant and in adherence with the regulatory landscape.

Partnering with the Right Experts

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To adhere with the legal requirements for EHR software development you need to partner with experienced custom EHR developers. Since they already have experience in developing robust custom EHR systems, their deep understanding of the healthcare regulations and data security best practices, speeds up the process for you.

Furthermore, you can collaborate with legal and compliance professionals to ensure that your custom EHR software system is in adherence to all the relevant regulations. Though it is hardly a common practice, utilizing it can help you build a secure and compliant EHR system, saving a lot of time and potentially causing trouble for your custom EHR development.

Last but not least, leverage industry-specific resources and guidelines provided by healthcare organizations and regulatory bodies. Your custom EHR system is not only safe and secure but also interoperable and an integral part of the healthcare landscape.

Conclusion

In the dynamic landscape of healthcare, EHR software development offers tailored solutions to meet diverse institutional needs. However, amidst this flexibility lies a labyrinth of legal and regulatory challenges. Navigating these complexities demands a comprehensive understanding of frameworks like HIPAA, HITECH, and FDA regulations, alongside ensuring interoperability, patient consent, data security, and compliance updates. Collaboration with experts and leveraging industry resources are pivotal in crafting EHR systems that not only meet regulatory standards but also uphold patient privacy and healthcare quality.

On that note, let’s start your healthcare practice’s transformation journey today. Click here to get started.

Frequently Asked Questions

1. What are the key legal regulations that custom EHR developers need to comply with?

Custom EHR developers must comply with several key legal regulations, including HIPAA (Health Insurance Portability and Accountability Act), HITECH (Health Information Technology for Economic and Clinical Health Act), and state-specific regulations. These laws aim to protect patient privacy, ensure data security, and maintain the integrity of healthcare information.

2. How can data encryption and access controls be implemented in custom EHR systems for HIPAA compliance?

To ensure HIPAA compliance in custom EHR systems, implement strong encryption for data at rest and in transit. Utilize robust access controls, including multi-factor authentication and role-based access, to restrict access to authorized personnel only. Regularly audit access logs and conduct thorough security risk assessments to identify and mitigate potential vulnerabilities.

3. What steps should be taken to ensure GDPR compliance in handling patient data within EHR systems?

Here are 5 key steps for GDPR compliance in EHR systems:

  • Data Minimization: Collect and store only necessary patient data.
  • Consent: Obtain explicit and informed patient consent for data processing.
  • Data Security: Implement robust security measures (encryption, access controls) to protect data from breaches.
  • Data Subject Rights: Ensure patients can exercise their rights (access, rectification, erasure) regarding their data.
  • Data Breach Notification: Establish procedures for promptly notifying authorities and affected individuals of any data breaches.
4. How does interoperability impact custom EHR development, and what standards should developers follow?

Interoperability in custom EHR development allows seamless data exchange between different healthcare systems. This improves patient care, reduces errors, and streamlines workflows. Developers should adhere to standards like HL7 FHIR and DICOM to ensure compatibility and data integrity.

5. What are the best practices for preventing cybersecurity threats and data breaches in EHR systems?

best practices for preventing cybersecurity threats and data breaches in EHR systems:

  • Strong passwords: Enforce complex and unique passwords for all users.
  • Access control: Implement robust role-based access control (RBAC) to limit user privileges.
  • Data encryption: Encrypt data both at rest and in transit.
  • Regular updates: Keep EHR software and operating systems up-to-date with the latest security patches.
  • Employee training: Educate staff on cybersecurity best practices, including phishing awareness.
  • Regular audits: Conduct regular security audits and penetration testing to identify vulnerabilities.

By following these practices, healthcare organizations can significantly reduce the risk of cyberattacks and protect sensitive patient data.

6. What are the potential consequences of non-compliance with healthcare regulations?

Non-compliance with healthcare regulations can result in severe financial penalties, legal repercussions, reputational damage, and even suspension of operations.

7. How can I ensure my custom EHR solution meets the latest security standards?

To ensure your custom EHR solution meets the latest security standards, implement robust encryption, enforce strict access controls, conduct regular security audits, and stay up-to-date with relevant regulations and best practices.

8. What steps should I take if I have questions about specific regulatory requirements?

To address questions about specific regulatory requirements, I recommend:

  • Consult the relevant regulatory body: Directly contact the agency responsible for overseeing the specific area.
  • Seek expert advice: Engage with legal or compliance professionals specializing in the relevant regulations.
  • Review official guidance documents: Thoroughly examine official guidance, FAQs, and interpretations issued by the regulatory body.
  • Attend industry events and training: Participate in workshops and seminars to gain insights and network with others facing similar challenges.
  • Stay updated on regulatory changes: Continuously monitor for updates and amendments to relevant regulations.

Ganesh Varahade

Founder & CEO of Thinkitive Technologies.

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