Health IT Law Blog : Health IT Law Blog : Post & Schell: Law Firm : HIT & Electronic Health Records

Following up on his letter to health IT companies last fall, Senator Chuck Grassley (R-IA) sent a letter to 31 hospitals in the United States to inquire about each hospital's experience with purchasing and implementing health information technology.  According to Healthcare IT News:

Grassley cites reports he’s heard about “difficulties and challenges associated with HIT implementation,” including “administrative complications,” “formatting and usability issues,” “computer errors stemming from the programs themselves,” and problems with “interoperability between programs.”

More specifically, he raises concerns that “when [providers] report such problems to their facilities and/or the product vendors, their concerns are sometimes ignored or dismissed.” Often, he writes, “this is attributed to alleged ‘gag orders’ or non-disclosure clauses in the HIT contract that prohibit health care providers and their facilities from sharing information outside of their facilities regarding product defects and other HIT product-related concerns."

You can find more about Sen. Grassley's letter to hospitals in his office's press release, which includes the full text of the letter.

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With the number and popularity of consumer review sites, such as Yelp.com and Angie's List, growing steadily, doctors are beginning to find themselves subjects of online reviews more and more frequently.  In fact, certain web sites, like RateMD.com, are dedicated specifically to rating physicians. 

The Washington Post reported recently on doctors seeking patients to sign contractual forms, commonly known as "gag orders", which may obligate patients not to comment or review their experiences at the doctor's office "without prior written consent" of the physician.  The Post explored the positions of both the advocates and opponents of gag orders.

Unsurprisingly, many doctors are vehemently opposed to the idea of being reviewed online (some cite difficulty in capturing quality of care and outcomes, rather than concentrating on the "ambience" of care, as the primary reason).  Some physicians go a step further and ask patients to sign contractual forms promising not to comment or review their services.  The Post  notes that it is not clear whether gag orders are legally enforceable or even ethical.

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