The so-called safe harbors or relaxation of the “Stark Rules” has proven to be a mixed blessing for physicians and their patients. The intent of the relaxation was to make it easier for physicians to acquire information technologies by having it provided by local hospitals and health care delivery systems. Local hospitals providing EMR technologies can be beneficial if precautions are taken. The following includes some of our observations and suggestions:
Accept no return on investment analysis (ROI) from a vendor that does not include line items calculating physician productivity losses over time (based on your own measurements). Determine who absorbs the expense and consequences for the increased clerical time associated with the documentation tasks in your practice. For example, if the system adds an additional minute per encounter, and you average 25 patients daily, who absorbs the extra 25 minutes each day of lost "productivity?" This is most often the real cost to physicians for EMR systems. The cost savings to have a "donated" system often pales in proportion to the cost of lost physician productivity. If an employer is necessitating that employed physicians use an EMR, is the physician to be paid extra for working another 25 minutes each day? Or, will the physician's salary be cut because they are seeing fewer patients? Get written answers that deal with the consequences over the long-term after the initial implementation.
Many physicians are being pressured to use donated-sponsored EMR's that typically add an extra hour of clerical work each day. To physicians, these "free" systems can sometimes be terribly expensive.
Many systems being chosen for these projects are difficult to customize to meet physician’s unique needs. Count the steps and the seconds required to make some type of simple edit to the system that will be unique but important to your practice.
We have had several physicians report that they are having to replace an EMR that takes 2-3 steps and 20 seconds to generate a prescription with one that takes 5-10 steps and 1-2 minutes. Count the steps and the seconds required to create and send a typical prescription for your practice.
In these “enterprise-focused” systems, physicians are often forced to collect data in a fashion that detracts from patient care and well-being. For example, it is common for physicians to have to focus on capturing and reporting 10 to 20 clinical data elements for every patient (even for every influenza patient during influenza season). Count the steps and the seconds required to document a simple influenza encounter (or one typical for your practice).
The normal outcome in many of these projects, to date, has been that many (perhaps even a majority) of physicians report they are being forced to use systems that greatly increase their charting time, makes them less efficient, and it lowers their productivity.
Check the evidence rather than listen to the sales pitches. The reality is that many systems marketed as "enterprise EMR's" are often very unfriendly to physicians and patients. They are more friendly to the billing and administrative departments.
Understand that all vendors (even those experiencing de-installation rates of 30-40%) can send you to "satisfied" installations. Conclusions made from site visits arranged by vendors are likely to be in error.
Physicians not having and/or making the final decisions regarding EMR vendors are setting themselves up for disaster. This is one decision where delegation results in a disaster rate of 30 to 40% based on industry surveys.
Well designed and implemented EMR systems should not result in decreases in physician productivity, but all require a stage of customization that will need to be budgeted (time and expense). Planning for fewer patient encounters or for income loss during implementation is a key sign of either a flawed EMR, a flawed implementation plan, or both.
All physicians know of sites where systems were implemented resulting in significant losses of physician productivity. This does not mean all vendors deliver systems causing productivity losses.
Before sign-on, have specifics (price, functionality and timing) in writing regarding any interfaces. Some systems marketed to enterprises may sometimes promise interfaces to other systems. However, the average cost to a small practice is $14,000 just for a simple exchange of demographics. The offering of more robust interoperability is rarely, if ever, a reality. From a patient and physician perspective, the relaxation of the Stark anti-trust rules, within an industry that has little to no affordable interoperability, may be doing more harm than good in some localities via the creation of monopolistic information systems.
Before sign-on, have a written, affordable exit clause with specifics. Most of these systems store (i.e. trap) your data in a proprietary database so that you can only get to it through the single vendor’s proprietary software. (This is the norm, and an average cost to be able to get your patient's data out of the system averages $10,000,if it is even possible.)
Some hospitals having a primary focus on good patient care and evidenced-based medicine simply can’t afford the expense associated with the systems being actively marketed to enterprises. They are increasingly being placed at a competitive disadvantage when they have to compete with delivery systems having a primary focus on enhancing their profit centers.
A rare but particularly egregious situation is that physicians wanting to use information technologies to promote more efficient use of resources (i.e. fewer unnecessary medical procedures) are sometimes being replaced with mid-level providers who are allowed to do little more than simply capture the necessary data allowing patients to be triaged to the appropriate “profit center.” (Note: We strongly advocate using mid-levels as a part of a team focused on delivering the best practices of evidenced-based medicine.)
Inevitably, our nation is on a course to burn through a lot more money and effort. What is a very high failure rate in enterprise settings where doctors are often hostage (but have more resources) will be no less than an 80% failure in the rest of the medical world where most practices exist.
Considering these issues can significantly increase the likelihood that sponsored EMR systems can better serve patients and the doctors deserving of their trust. The recommendations are based on direct observations and experiences over the past few years and at hundreds of sites.