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| New Jersey to make open source EMRs illegal |
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 Posted by Greg Caulton on Sunday June 07, 2009 @ 01:17 PM
from the standards and specifications dept.
Editor's note: it actually does not appear to specifically make open source illegal but the side effect may be that. Unless they are CCHIT certified.
http://www.njleg.state.nj.us/2008/Bills/A4000/3934_I1.HTM
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2. (New section) a. No person or entity, either directly or indirectly, shall sell, offer for sale, give, furnish, or otherwise distribute to any person or entity in this State a health information technology product that has not been certified by the Certification Commission for Healthcare Information Technology.
As used in this section, "health information technology product" means a system, program, application, or other product that is based upon technology which is used to electronically collect, store, retrieve, and transfer clinical, administrative, and financial health information.
b. A person or entity that violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $1,000 for the first violation, not less than $2,500 for the second violation, and $5,000 for the third and each subsequent violation, to be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
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Re: New Jersey to make open source EMRs illegal
by lksjt on Tuesday June 09, 2009 @ 04:16 PM
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This wording applies to more than EMRs. "health information technology" that is used to "electronically collect, store, retrieve, transfer ..." is very broad, and seems only limited by what certifications CCHIT will provide. Clearinghouses, practice management systems, image viewers, patient appointment schedulers, etc. could all apply if CCHIT provides a certification for same.
Herb Conaway, HIMSS, and big-name vendor tie-in's are present here:
http://www.emrandhipaa.com/emr-and-hipaa/2009/06/08/financial-ties-to-nj-bill-to-make-non-cchit-ehr-use-illegal/
"The Honorable Herb Conaway, MD actually started the mandate-EHR quest back 2 years ago, with the first law passed by the NJ Senate 1.5 years ago- http://healthcare.zdnet.com/?p=615&tag=rbxccnbzd1"
"In HIMSS 2008 The Honorable Herb Conaway, MD was presented with the HIMSS State Leadership Award."
"Conaway is no friend of physicians and hospitals- check out the bills that he sponsored to force medical error reporting, for prohibiting the payment for “preventable medical errors” and now this pro-CCHIT HIT bill. If you look at here (http://www.democracyforamerica.com/press/2004/6) you’ll see that he’s for Obama’s universal health care dreams, using an HIT backbone, of course."
"information on NJ Rep Pallone- http://himss.capwiz.com/bio/id/387 (click on “PAC” then 2007/2008 to see the likes of Cerner ($1000), GEPAC ($5000), MS ($5000), Siemens ($6000), ACP PAC ($6750), AMA PAC ($7000)."
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Re: New Jersey to make open source EMRs illegal
by Anonymous Coward on Wednesday June 10, 2009 @ 08:52 PM
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I agree that the wording may make all sorts of 'electronic health records' illegal. This would include software for Fire & EMS Departments, Special Events/First Aid Groups, etc. Appears to be a 'money maker' for CCHIT at the expense of competition from various sources of vendors, both open source and proprietary.
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