117.973            EHR Data Access and Data Migration

The Medical Society of the State of New York will work with the AMA to pursue regulations which would:

  • require EHR vendors to provide data to the next EHR vendor in a timely and meaningful way and at reasonable cost when requested to do so by the users;
  • ensure that vendors provide access to legacy charts on a server for the legal statutory requirement of the specialty and the State for the longest required time and additionally certify and attest to its accuracy and completeness;
  • ensure that all upgrades and updates to an electronic health record provide the records in the format of the previous version;
  • ensure that vendors are held responsible if litigation results from imperfections or errors caused by their product. (HOD 2017-53)