Webinar on Demand - 21st Century Cures Act

Webinar on Demand - 21st Century Cures Act

Webinar On Demand
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Online Course | Specialties: Family Medicine, Hospitalist, Internal Medicine
Released: 3/25/2021
Expires: 3/24/2023
Max Credits: 1.0
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Marlene Icenhower, BSN, JD, CPHRM
Senior Risk Specialist
Boston, MA

Chad P. Brouillard, JD
Foster & Eldridge, LLP
Woburn, MA

Carol S. Empey, JD
Foley Baron Metzger JuipPLLC
Livonia, MI
Presenter Bio
Marlene Icenhower, BSN, JD, CPHRM
Senior Risk Specialist

Marlene has more than 30 years of combined medical-legal experience in a variety of settings. Marlene received both her bachelor of science degree and law degree from St. Louis University. With a background in professional liability litigation and regulatory compliance, she has extensive experience advising clients in the healthcare industry regarding compliance with state and federal law and risk reduction techniques. Before joining Coverys, Marlene was the risk manager and patient safety officer for a medium-sized public hospital in Washington state. Marlene has first-chair trial experience and in-depth knowledge of the discovery process. She has extensive experience regarding statutes applicable to public hospitals, case management, utilization review, and regulatory compliance. Her special interest is in the area of risk reduction strategies related to birth injuries.

Carol S. Empey, JD

Carole is a principal with the firm and her practice focuses on litigating complex civil matters. Since beginning her career, Ms. Empey has earned a reputation for providing her clients with high-quality representation. She has successfully represented individuals and Fortune 500 companies. She is proud of her balanced approach to litigation.

Chad P. Brouillard, JD
Foster & Eldridge, LLP

Chad is a partner in the Foster & Eldridge LLP firm in Woburn, Massachusetts. Mr. Brouillard obtained his JD from St. John University's School of Law. Present areas of practice include medical malpractice defense, healthcare law, healthcare e-discovery, healthcare data breach response, healthcare technology, and representation of medical professionals before state licensing agencies. He has provided consulting services for the federal government, insurance companies, IPAs, ACOs, medical office practices, and others pertaining to electronic health records, mobile health, e-discovery, healthcare technology, HIPAA Compliance, and data breach response.

Activity Planners
Kathryn Schaefer, MSN, RN, CPHRM, CHCP
Associate Director Quality & Compliance
East Lansing, MI

Mark J. Hakim, BS, MA, MBA, CPHRM
Director, Risk Management & Patient Safety Educational Strategy
East Lansing, MI

Learning Objectives
Upon completion, participants should be able to:

  • Discuss the risks related to the 21st Century Cures Act open notes provision.

Target Audience
This activity is intended for physicians, nurses, risk managers, quality managers, patient safety officers, performance improvement staff members, administrators, pharmacists, legal counsel, front-line staff members, and any other interested parties.
Statement of Need
Beginning in April of 2021, healthcare providers must give patients access to the information contained within their medical record. This rule impacts every healthcare provider who uses electronic medical records. The enactment creates additional avenues of risk to providers, including challenges that exist surrounding communication and privacy. Healthcare professionals need current information to ensure that the action items within the Act are initiated and appropriate planning has taken place to mitigate the risks inherent to this mandate.

Accreditation/Designation Statements
Med-IQ is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

Med-IQ designates this enduring activity for a maximum of 1.0 AMA PRA Category 1 Credit™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Med-IQ is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center’s Commission on Accreditation.

This nursing activity has been approved for up to 1.0 contact hour.

The education is powered by Med-IQ, a Coverys company, and a leading CME/CNE-accredited risk management and clinical medicine education provider.

Nurse practitioners, physician assistants, and other healthcare professionals who successfully complete the activity will receive a Statement of Participation indicating the maximum credits available.

Instructions to Receive Credit
To receive credit, review the introductory CME/CNE material, watch the webinar, and complete the evaluation.

Initial Release Date: 3/25/2021
Expiration Date: 3/24/2023

Estimated Time to Complete This Activity: 60 minutes

Disclosure Policy
Med-IQ requires any person in a position to control the content of an educational activity to disclose all relevant financial relationships with any commercial interest. The ACCME defines “relevant financial relationships” as those in any amount occurring within the past 12 months, including those of a spouse/life partner, that could create a conflict of interest (COI). Individuals who refuse to disclose will not be permitted to contribute to this CME activity in any way. Med-IQ has policies in place that will identify and resolve COIs prior to this educational activity. Med-IQ also requires faculty to disclose discussions of investigational products or unlabeled/unapproved uses of drugs or devices regulated by the US Food and Drug Administration.

Disclosure Statement
The content of this activity has been approved for compliance. The faculty and contributors have indicated the following financial relationships, which have been resolved through an established COI resolution process, and have stated that these reported relationships will not have any impact on their ability to give an unbiased presentation.

The content of this activity has been approved for compliance.

The presenters for this program have indicated no real or apparent conflicts.

The activity planners have no financial relationships to disclose.
Statement of Evidence-Based Content
Educational activities that assist physicians in carrying out their professional responsibilities more effectively and efficiently are consistent with the ACCME definition of continuing medical education (CME). As an ACCME-accredited provider of CME, Med-IQ has a policy to review and ensure that all the content and any recommendations, treatments, and manners of practicing medicine in CME activities are scientifically based, valid, and relevant to the practice of medicine. Med-IQ is responsible for validating the content of the CME activities it provides.
Med-IQ is not liable for any decision made or action taken in reliance upon the information provided through this activity.
Contact Information
For questions or comments about this activity, please contact Med-IQ. Call (toll-free) 866 858 7434 or email

For assistance with connecting to the webinar, please call 800.313.5888, and choose option 7.

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The information provided through this activity is for educational purposes only. This information is intended to provide general guidelines for risk management. It is not intended and should not be construed as legal or medical advice.

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Continue With Other Courses in This Series


The information blocking provision of the 21st Century Cures Act goes into effect on April 5, 2021. Although largely an information technology issue, patients will have open, free access to multiple sections of their electronic clinical notes. The Cures Act seeks to promote transparent communication in healthcare and interoperability of patients’ records. Consider the following when implementing an open notes policy at your facility:

  • Know the law regarding the rights of minors.
  • Engage the healthcare team.
  • Provide documentation training for providers with emphasis on avoiding:
    • Extraneous or biased statements.
    • Professional feuding.
    • Non-conventional abbreviations/acronyms.
    • Complex medical jargon.
  • Develop a process for amendment requests
  • Communicate key details regarding open notes to patients.
    • Discuss timing.
    • Use supportive language.
    • Explain professional requirements.

Understanding the law and engaging the team and patients, while also providing training about processes and communication, will aid organizations in the successful implementation of the Cures Act regulations.

By clicking "Continue," you confirm that you have reviewed the CME information.


Unless otherwise indicated, photographed subjects who appear within the content of this activity or on artwork associated with this activity are models; they are not actual patients or doctors.

The information provided through this activity is for continuing education purposes only and is not meant to substitute for the independent medical judgment of a physician relative to diagnostic and treatment options of a specific patient’s medical condition.

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