CITIZEN PETITION to REPEAL MN Electronic Health Record Mandate

REPEAL MN Electronic Health Record Mandate 
Citizen Petition to the Minnesota State Legislature
 
 
On January 1, 2015, Minnesota all doctors must enter private patient data into an interoperable 
(“on the grid”) electronic health record (EHR). There is no choice and no patient consent.
 
I, a concerned citizen, ask the Minnesota state legislature and Governor Mark Dayton to REPEAL the Minnesota EHR Mandate law that requires every doctor, hospital, and health care practitioner to use an interoperable EHR for all patients. I oppose the EHR mandate for the following reasons:
  • NO PRIVACY & NO RIGHT TO PROTECT: All health care providers must buy and use EHRs “for sharing and synchronizing patient data across systems” (MN Statutes 62J.495, subd 1). MN practitioners are obligated to protect the confidentiality and individualized care of patients by restricting outside access to confidential medical records, but by law are now required to put confidential patient medical, genetic, medication, lifestyle and psychological data “on the grid,” allowing widespread analysis and access, including by hackers.
  • CONGRESS GIVES CHOICE: While federal law penalizes doctors/hospitals/others with reduced Medicare payments, it allows them to refuse to buy or use an EHR. ... and many have. In Minnesota, there’s no choice.
  • DIMINISHES TRUST & TRUTH: Studies show patients speak less frankly when data is entered into a computer. To receive accurate and timely medical care, patients must trust that their information will be held confidential and not shared. Interoperability also limits patient access to unbiased second opinions.
  • OUTSIDER CONTROLS/NEW RISKS: “EHRs and the CDS [Clinical Decision Support] systems that automate a patient diagnosis, prognosis on whether to provide or withdraw care, and prescribe treatment protocols are increasingly interfering with the work of RNs and physicians, overriding their autonomy and professional judgment, and exposing patients to new risks...” (National Nurse, June 2014)
  • EHR EXPERIMENT: “[W]e do not have any information that supports or refutes claims that a broader adoption of EHRs can save lives,” writes the federal government (CMS) in a 3/14/14 letter (http://bit.ly/1EME7Y7).
  • HIGHER COSTS/REDUCED ACCESS: HealthIT.gov says an EHR costs $15,000 to $70,000 per provider, plus monthly subscription and maintenance costs. This means higher premiums, out-of-pocket costs, and taxes. The Minnesota taxpayer-funded EHR loan program has paid out $2.7 million in 2011 and 2012, and another $2.5 million was available for 2014. The high cost has already led physicians to retire early, limiting access.
I hereby petition the Minnesota Legislature and Governor Dayton to give me and my doctor a choice to protect privacy and autonomy by REPEALING the Minnesota EHR Mandate Law.
 
 
 

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Date
December 16th, 2017
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