The 21st Century Cures Act, also known as the Cures Act, is an important piece of legislation that has a direct impact on healthcare professionals in the United States. The law is intended to improve the lives of patients by increasing access to new treatments and therapies.
Policies like the Cures Act encourage medical practices to better engage patients in the digital realm through improved digital front doors such as an enhanced website, easier records access, and helpful resources for patients.
How Do I Know If My Medical Practice Is Compliant?
The Cures Act was designed to promote the use of digital health records, electronic prescribing, and telemedicine. Its goal is to improve health outcomes by giving patients control over their protected health information (PHI) and promoting innovation in healthcare technology. The Cures Act contains many provisions, including the following.
What is Interoperability?
Interoperability promotes the seamless flow of health information between medical providers and patients. Your medical practice needs to have an interoperability policy in place that ensures health information can be easily exchanged and is available to anyone who has permission to access it. You also must ensure that your electronic health record (EHR) can transmit data to other systems, including those your patients may be using.
What is Information Blocking?
Information blocking, the practice of illegally withholding or blocking access to electronic health information, is a violation of the Cures Act. Your medical provider practice needs to be able to facilitate the exchange of electronic health information securely and for authorized purposes.
What Does User Access Mean?
Patient access to their electronic health information is a top priority in the Cures Act. Patients should be able to obtain their health information from any medical professional who has it, especially through digital means. Health records need to be accessible, and fees cannot be unreasonable for access.
What Steps Do You Need to Take to Become and Stay Cures Act Compliant
Achieving compliance with the Cures Act is an ongoing process, and here are the fundamental steps to cover:
- Assess your current security and privacy policies — Know what policies and procedures are currently in place and how they measure up against Cures Act regulations, identify any gaps, and work toward filling these gaps
- Train staff and communicate with patients — Work with your staff on the importance of compliance and how it can benefit patient outcomes and ensure that patients know their rights regarding their medical records, including how to access them
- Update relevant technology — Ensure your EHR and other relevant technology is updated to comply with Cures Act regulations and work with your vendors to ensure they can support your compliance processes
- Review Business Associate Agreements — Ensure the Business Associate Agreements (BAAs) with your vendors are updated and reflect the Cures Act compliance requirements
The Cures Act Implications for Patient Portals
Since the Cures Act requires healthcare providers to give patients access to their EHI, this requirement has implications for the use of patient portals. To prepare for compliance with the Cures Act requirements, healthcare providers should first assess their current patient portal technology and determine whether their current system can support API access.
If not, healthcare organizations may need to upgrade their patient portal technology or seek out a third-party vendor that can provide API access. Additionally, healthcare providers will need to ensure that their patient data is properly encrypted and that patients are properly verified before granting access to their EHI.
Summary: 21st Century Cures Act Requirements
Patient portals in healthcare are essential core components for the patient experience. For providers, they help to create a more efficient office workflow and play an important role in Cures Act compliance. For patients, electronic access to personal health information is critical to understanding their health and facilitates active participation in managing their own care.
Is Your Practice’s Digital Experience Aligned with the 21st Century Cures Act?
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