Netsmart and other key organizations in the behavioral health community are partnering with the HealthITNow! Coalition. This group, composed of the U.S. Chamber of Commerce, the Business Roundtable, Nortel, Cigna and Verizon and others, is advocating for the introduction and passage of “safe harbor” legislation related to EHR adoption. This legislation would shield doctors, hospitals and other providers from
e-discovery and grant other legal protections if providers use EHR systems that meet federal Meaningful Use criteria. It is important to note that the legislation as proposed authorizes legal safe harbor protections irrespective of participation in Medicare and Medicaid funding programs under the HITECH Act. This key legislation – soon to be introduced in the U.S. House of Representatives – also furthers two larger policy goals:

• Increase the adoption of HIT across the U.S. healthcare system. The Federal Trade Commission estimates that a legal safe harbor will increase hospital HIT adoption by 33% nationwide.


• Generate savings of more than $1 billion by reducing the need for defensive medicine. This savings could be applied to offset the cost of the provisions of S. 539.

Download the document “Safe Harbor” Legislation Promoted for EHR Adoption