Steve Lieber is president and CEO of Healthcare Information and Management Systems Society (HIMSS), a Chicago-based not-for-profit healthcare association. He previously served as an officer at several healthcare associations and is now on the board and advisory panels of other health IT organizations. Modern Healthcare named him as one of the 100 Most Influential People in U.S. Healthcare every year since 2004. Chris DeMeo of Munsch, Hardt, Kopf and Harr, PC, and a member of the HIMSS Digital Office Task Force, and Howard Burde of Howard Burde Health Law, LLC, a former member of the HIMSS Board of Directors Advisory Board, were both interviewed for this article. The author thanks them for their assistance in providing information for this article.
Alternative dispute resolution (ADR) in healthcare is most often used in the context of adverse events (e.g. malpractice claims), professional liability claims, and employment disputes. But the passage of the American Recovery and Reinvestment Act of 2009 (ARRA) presents new situations and challenges for arbitrators, and as a result, disputes arising out of the licensing, installation, integration, and implementation of electronic health record (EHR) technology may join the ADR list.
ARRA, through the Health Information Technology for Economic and Clinical Health Act (HITECH) portion of that law, gave healthcare providers in both acute care and medical practice settings access to EHR incentive payments when they meet guidelines to become a meaningful user of an EHR system.