Hi Angelo, Each jurisdiction will have laws governing eCommerce, the Internet and electronic records in general. There are very good reasons to do so, e.g., privacy, security, fraud prevention. Try this link:
http://library.lp.findlaw.com/articles/file/00323/000777/title/Subject/topic/Consumer%20Law_Consumer%20Protection/filename/consumerlaw_1_392 It applies to US law (codes that are adjudicated in court). If the link doesn't work try: http://www.findlaw.com This allows one to perform a search of the FindLaw database. Try: electronic+record+healthcare This search should produce the following link: http://corporate.findlaw.com/local.html which requires a selection of 'state' or 'international' The result is a 'marketing' oriented display but it does contain information on who is involved. Try: http://www4.law.cornell.edu/uscode/ for the U. S. Code (federal law). Note that there is a 'title' on 'Foreign Relations and Intercourse' but no 'title' on Healthcare. or Health. Use the search engine to search all of the US code (upper right-hand side of the web page). Try searching for 'health'. Scan each page for 'record' Reason: The search engine was used by the founding fathers and should have been replaced years ago. You will probably not find an entry related to 'health' 'record'. Hence, a Judge attempting to adjudicate a case involving electronic healthcare records would have no U. S. code to guide them. Next is legislation (enactments of Congress) Try: http://www.wedi.org/public/articles/details~13.htm HIPAA Legislation Information HIPAA isn't going to resolve issues related to global electronic healthcare records. It is targeted toward the domestic US healthcare insurance industry with some provisions for Patients and Providers. Deploying OpenEHR in the US will encounter HIPAA at the federal level and the separate legislative enactments of the 50 states and other special jurisdictions, e.g., the VA operates in its own world. This can be characterized as a legal structure having incompatibilities with a global legal structure that would support global electronic healthcare records. Hence the suggestion that a uniform model code is needed suggesting what should or should not be included within the code and enactments of a particular jurisdiction. The same would apply to other countries, e.g., asian and middle east. Basically, the uniform model code would list what needs to be integrated into the code and legislative enactments. Start soon since these things do take a lot of time. Hope this helps! Always consult a qualified attorney within the subject jurisdiction and have them explain it. -Thomas Clark angelo rossi mori wrote: > Thomas, > what do you mean for "legal codes on EHR" ? > > And are you really sure that EU has agreed about any set of codes ? > > I would like to know more ... > > -Angelo > > At 23.43 25/08/2003 -0700, lakewood at copper.net wrote: > >> HiAll, >> >> Would appreciate responses regarding legislation regardin non-EU >> legal codes on electronic healthcare records. The EU already has a >> well-developed set of codes. >> >> The US seems to be a problem since there are 50 states, a federal >> government and special jurisdictions. They do not necessarily agree >> on all matters. >> >> The US should have a Uniform Model Code on Electronic Healthcare >> Records which should be enacted/modified by the various legislative >> bodies. Not yet! Piecing together the enactments of the major states >> is in itself interesting. >> >> Others, e.g., Canada, New Zealand and Australia seem to be off to a >> good start. >> >> WHY WORRY ABOUT THIS? >> It takes years to push some of this through the legislatures. Better >> start now. >> >> WHAT IS THE FUSS ABOUT? >> Criminal and civil judicial actions, i.e., nasty. >> >> I should have though of this two years ago. >> >> Regional deployment is in itself a problem in the US. Each state has >> to contend with state and federal law. Forget nationwide deployment >> for now. >> >> Countries that have no model code will be a big problem. >> >> These can be resolved in part by getting the legislators involved as >> soon as possible. >> >> Any comments? >> >> -Thomas Clark >> >> >> - >> If you have any questions about using this list, >> please send a message to d.lloyd at openehr.org > > > Angelo Rossi Mori angelo at itbm.rm.cnr.it > Istituto Tecnologie Biomediche, Consiglio Nazionale delle Ricerche > viale Marx 15, I-00137, Roma, Italy > tel. + 39 - 06 86 090 250 fax + 39 - 06 86 090 340 > http://e-osiris.it - il portale sull'ICT in sanit? > http://www.prorec.it - Centro PROREC Italia per la promozione della > cartella clinica elettronica > > - > If you have any questions about using this list, > please send a message to d.lloyd at openehr.org > - If you have any questions about using this list, please send a message to d.lloyd at openehr.org
