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44 Nova L. Rev. 289 (2019-2020)
Patients as Peers: Blockchain Based EHR and Medical Information Commons Models for HITECH Act Compliance

handle is hein.journals/novalr44 and id is 331 raw text is: PATIENTS AS PEERS: BLOCKCHAIN BASED EHR AND MEDICAL INFORMATION COMMONS MODELS FOR HITECH ACT COMPLIANCE ZACHARY L. CATANZARO' ROBERT KAIN' I. INTRODUCTION .................................... 290 II. THE PARADOX OF PRODUCTIVITY: CONTEMPORARY EHR SYSTEMS292 A. What Is EHR? .................. ................. 292 B. The HITECH Act EHR Incentives Program .......... 294 1. Stage 1 Benchmarks ............. .......... 296 2. Stage 2 Benchmarks .................. ..... 299 3. Stage 3 Benchmarks .................. ..... 301 C. HITECH Revisions to EHR and HIPAA Compliance ....... 302 1. Privacy Rule Modifications for Individual Access302 2. Breach Notification Modifications ....... ..... 303 3. Security Standards .................... ..... 303 D. The Medical Information Commons ........... ..... 304 E. Socioeconomic Failings of Existing EHR Systems............ 305 III. A NEW MODEL: PATIENTS AS PEERS ....................... 313 A. Blockchain Basics.. ............................. 313 B. Beneficial Modalities ofBlockchain Based EHR .............. 315 1. Security, Privacy, HITECH, and HIPAA Compliance. .............................. 315 Zachary Catanzaro is a solo practitioner focusing on corporate cyber and advertising law and is an adjunct professor of Blockchain and Cryptocurrency at Nova Southeastern University, Shepard Broad College of Law and St. Thomas University School of Law. Zachary serves as a member of the Florida Bar's Digital Currency and Blockchain Task Force and Standing Committee on Lawyer Advertising, and as Vice Chair of the eDiscovery and Digital Evidence Committee. He received his law degree from St. Thomas University magna cum laude and holds undergraduate degrees in entrepreneurial management, marketing, and music performance from Florida Atlantic University. Zachary thanks his co- author, friend, and mentor, Robert; his grandmother, Myra; and his brother, Brandon, for their continued support. Robert Kain is a partner at the Concept Law Group, 6400 N. Andrews Ave, Suite 500, Fort Lauderdale, Fl 33309, rkain@ConceptLaw.com. He is an I.P. Board Certified Attorney by the Florida Bar and currently vice chair of the Bar's Digital Currency and Blockchain Task Force. Robert was chair of the Bar's Computer Law Committee and Chair of the I.P. Certification Committee. He has a law degree and dual engineering degrees from Vanderbilt University. Robert would like to thank his co-author Zac for his global views and attention to detail presented in this paper. Robert also thanks his wife, Michelle, who graduated Nova Southeastern University, Shepard Broad College of Law in 1978 (the Law Schools' second graduating class) who has exhibited a great deal of patience with his long technical explanations.

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