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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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