We all have a tendency to skip over the fine print sometimes; the car rental agreement, the parking garage receipt, etc. I’ve seen firsthand plenty of patients who don’t bother to read their HIPAA Notices of Privacy Practices.
So it’s particularly interesting to read that physicians are upset that electronic health record vendor Practice Fusion launched a feature in its EHR software to send emails to patients asking them to rate their doctors. According to a recent blog posted by John Lynn, founder of the HealthcareScene.com blog network, more than 9 million emails have been sent to patients and the vendor has received about 1.8 million reviews.
Practice Fusion responded to Lynn’s post, apologizing for the confusion but stating that its practices are not a violation of HIPAA. The company also stated that it provided physicians notice about the emails.
I don’t know whether Practice Fusion will see its business impacted by the negative publicity it’s now receiving. According to the comments to Lynn’s post, the vendor has also removed negative comments about the emails from its own website forum, and is being accused of populating Lynn’s blog with emails against Lynn. There already has been talk that many providers will be switching EHR vendors this year. Without knowing more, I also don’t know whether the email activity is truly HIPAA compliant.
And physicians certainly have enough on their plates between treating patients and running their practices, so I can see where they may have glossed over a vendor notice about the implementation of a new EHR feature.
The real issue, though, is whether the physicians ever gave Practice Fusion permission to engage in this kind of activity. According to the comments to Lynn’s post, Practice Fusion’s user agreement does allow it to send emails to patients, although I have not had a chance to corroborate whether the vendor contract actually permits as much.
This is one of those instances where people really need to read that fine print. You’re not only dealing with a vendor relationship; you’re dealing with legal terms.
It’s one thing if you know that such a provision is in there and you make a decision that you can live with it or take your business elsewhere. As one commenter stated, “For anyone to think that free is free in an EHR has their head stuck in the sand.” Another said that the physicians are “getting what they paid for.”
But if you don’t bother educating yourself about what you’re signing, then you’re not doing yourself any favors. It’s important to trust your EHR vendor, but if you gave it permission to do something in your contract–even if you didn’t realize it–you’re out of luck.
The Office of the National Coordinator for Health IT does a good job of preparing providers for just such a situation in its new guidebook on evaluating EHR vendor contracts. But it only works if physicians actually read them.