A recent Black Book Market Research survey shows that healthcare organizations lose over $8 billion annually due to system downtime, inefficiencies, and poor integration in their health IT systems. These challenges often push providers to consider switching to electronic health records (EHR) solutions that better support their workflow and growth. However, some vendors make this difficult by holding patient data hostage through high migration costs, proprietary formats, or restrictive practices.
In this guide, we will explore how vendor control over data impacts EHR security and share steps to protect your practice’s access to patient information.
EHR vendors often employ restrictive practices that limit healthcare providers' ability to access, manage, or migrate patient data. These practices create significant barriers for organizations trying to maintain control over their EHR software. Here are some common methods an EHR software company may use to restrict data accessibility and ownership:
1. Information Blocking
Information blocking refers to practices by EHR vendors that interfere with the access or exchange of electronic health information (EHI). A recent study published in JAMIA found that 30% of health information organizations (HIOs) routinely observed potential information blocking by EHR vendors. This practice not only limits interoperability but also discourages providers from switching EHR systems.
2. High Data Migration Costs
EHR vendors often charge high fees to export or transfer patient data, which limits providers’ ability to switch systems. These costs can range from $2,000 for basic transfers to $50,000+ for large-scale migrations from legacy systems. Such expenses create a significant barrier to maintaining control over patient information.
3. Proprietary Data Formats
Many EHR vendors use proprietary data formats that make it challenging to export or migrate patient records to a new system. In some cases, the data is provided in formats that are impractical or not compatible with other platforms, making it difficult for providers to transition to a new platform without added delays or costs.
4. Restrictive Contract Clauses
Many healthcare organizations fail to negotiate clear terms regarding data access and migration during initial contracts with EHR vendors. These contracts often include clauses that limit data portability, such as EHR data ownership claims or restrictions on sharing healthcare data, which can affect providers' control over their own data.
5. Lack Of Transparency
Some EHR vendor contracts include ‘gag clauses’ that require providers to obtain vendor approval before sharing concerns about system issues. These clauses prevent clinicians from reporting problems or usability flaws, which can further limit providers' ability to address challenges with the system and maintain control over their data.
Restrictive data control practices by EHR vendors not only limit data portability but also compromise the security of EHR systems. These practices can expose healthcare organizations to security risks and hinder compliance with major healthcare laws.
The Health Insurance Portability and Accountability Act (HIPAA) privacy regulations apply to ‘covered entities,’ which include healthcare providers. These providers are legally required to secure protected health information (PHI) from unauthorized access or disclosure. However, when EHR vendors limit access to data, it can become difficult for providers to implement the safeguards needed to ensure HIPAA compliance and protect patient data rights.
It is also important to note that EHR vendors are not responsible for making their software compliant with HIPAA’s Privacy and Security Rules. The responsibility to secure patient data and ensure compliance ultimately falls on the healthcare provider.
As discussed in the previous section, healthcare providers are responsible for maintaining control over patient data to ensure they can protect data privacy in healthcare and stay compliant with HIPAA regulations. Here are some actionable steps to ensure you retain control over your data:
Successful EHR implementation requires providers to maintain full control over their data from the start. Therefore, it is important to keep data rights top of mind when reviewing vendor contracts to avoid complications down the line. This proactive approach can help protect sensitive patient data, reduce transition risks, and ensure long-term flexibility.
For added protection, consider involving legal or IT experts early in the process to help negotiate terms that prevent medical data access issues later.