For The Record October 25, 2021
Elizabeth S. Goar

There is plenty to be praised about open clinical notes, with studies showing a range of patient-centric benefits, including enhanced patient empowerment and improved medication adherence. But many clinicians continue to view open notes with trepidation—a feeling that has intensified for some in the wake of the 21st Century Cures Act mandate requiring open patient access to clinical notes as part of its information blocking prohibition.

Specifically, effective April 5, the Cures Act requires health care providers to give patients free access to all the health information in their EMRs “without delay” or risk being reported for information blocking and fined up to $1 million per occurrence. The mandate covers eight types of clinical notes: consultation, discharge summary, procedure and...

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