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Certification and Meaningful Use: Reframing Adoption of Electronic Health Records as a Quality Imperative

Indiana Journal of Health Law Review, Vol. 8, p. 43, 2011

Saint Louis U. Legal Studies Research Paper No. 2010-29

27 Pages Posted: 5 Oct 2010 Last revised: 5 Feb 2014

Nicolas Terry

Indiana University Robert H. McKinney School of Law

Date Written: October 2, 2010

Abstract

This article examines the promise of the Health Information Technology for Economic and Clinical Health Act to reduce or eliminate the market failures that have impeded the adoption of electronic health records. Specifically, the article considers a key provision of the statute, a condition for receiving EHR subsidy funds: meaningful use. This deceptively simple requirement, that a health care provider must make “meaningful use of certified EHR technology,” has become both the regulatory core and the talisman for the next decade’s implementation of health information technology. The article describes the background to the subsidy program and examines the specifics of the “Certification” and “Meaningful Use” regulations that have followed. The article concludes by taking a broader view of Meaningful Use and relating it to the concept of more fundamental health care reform.

Suggested Citation

Terry, Nicolas, Certification and Meaningful Use: Reframing Adoption of Electronic Health Records as a Quality Imperative (October 2, 2010). Indiana Journal of Health Law Review, Vol. 8, p. 43, 2011; Saint Louis U. Legal Studies Research Paper No. 2010-29. Available at SSRN: https://ssrn.com/abstract=1687658

Nicolas P. Terry (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 W. New York St
Indianapolis, IN 46202
United States

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