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19 Kan. J.L. & Pub. Pol'y 409 (2009-2010)
Employing E-Health: The Impact of Electronic Health Records on the Workplace

handle is hein.journals/kjpp19 and id is 419 raw text is: EMPLOYING E-HEALTH: THE IMPACT OF ELECTRONIC HEALTH RECORDS ON THE WORKPLACE Sharona Hoffinan INTRODUCTION Electronic Health Record (EHR) systems may soon become a fixture in most medical settings. The Obama administration, like the Bush administration before it, has stated that its goal is to computerize all Americans' health records by 2014.1 President Obama's stimulus plan, passed in response to the current recession, includes $19 billion for the promotion of health information technology.2 EHR systems are likely to change medical practice in the United States significantly and have the potential to improve health outcomes.3 However, their impact will not be restricted to health care. This Article explores how the advent of EHRs will affect the American workplace. Employers may obtain and process EHRs for a variety of reasons. Many require applicants who have received employment offers to provide authorizations for release of medical records in order to verify the individuals' fitness for duty.4 At times, employers require records for purposes of workers' * Professor of Law and Bioethics, Co-Director of the Law-Medicine Center, Case Western Reserve University School of Law. B.A., Wellesley College; J.D., Harvard Law School; LL.M. in Health Law, University of Houston. The author would like to thank Andy Podgurski and Jonathan Entin for their helpful comments on previous drafts. 1. See American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, Title XIII, § 3001(c)(3)(A)(ii), 123 Stat. 115, 231 (2009) (to be codified at 42 U.S.C. § 300jj- 11 (c)(3)(A)(ii)). 2. David Blumenthal, Stimulating the Adoption of Health Information Technology, 360 NEW ENG. J. MED. 1477, 1477 (2009). 3. See generally Sharona Hoffman & Andy Podgurski, Finding A Cure: The Case for Regulation and Oversight of Electronic Health Record Systems, 22 HARV. J.L. & TECH. 103, 112- 126 (2008) (discussing the benefits and risks of EHR systems). 4. See Americans with Disabilities Act (ADA), 42 U.S.C. § 12112(d)(3) (2006) (authorizing employers to require medical examinations after an offer of employment has been made and prior to the commencement of employment); Mark A. Rothstein, Is GINA Worth the Wait?, 36 J.L. MED. & ETHICS 174, 177 (2008) (stating that each year over 10 million authorizations for release of medical information are signed by individuals who have received conditional job offers).

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