FAQ about the 21st Century CURES Act

Following is a list of questions we've been asked regarding CURES. 

Background

Q: What is the 21st Century CURES Act?

A: The 21st Century CURES Act mandates that clinicians allow patients/clients to access their notes through third-party apps. You can learn more about the Act here.

Q: When will this functionality be released?

A: This functionality is currently live.

Q: What do I tell my malpractice carrier if they inquire about this functionality?

A: You can refer them to the published regulation regarding technical infeasibility and inform them that you will be invoking §171.301 (b)(2)(i)(C) for requests at this time. This means that you will continue to provide records manually in PDF format, as you currently do.

Q: Is my practice at risk without this functionality?

A: Firstly, refer to the question above as the exemption you are claiming is codified in the regulation. Secondly, there are no penalties for clinicians, as stated by HHS per HHS: "For health care providers, HHS must engage in future rulemaking to establish appropriate disincentives as directed by the 21st Century Cures Act."


Current functionality

Q: Will exports be turned on automatically for my practice?

A: No, the choice to turn it on is yours. This functionality is off by default.

Q: Will I be able to exempt certain charts before the third-party functionality is released?

A: Yes. Refer to the instructions outlined in this article.

Q: How will patients/clients access their exports?

A: Patients/clients can access their exports through their Luminello patient portal account. Refer to this article for the step-by-step process.

Q: Will patients/clients be able to access notes written prior to the functionality being released?

A: Yes, the entire chart will be available since the patient/client is requesting their notes. Notes cannot be blocked per the CURES Act unless there are specific exceptions. Read more about information blocking here.

Q: What security measures are in place?

A: Patient/client/parent requestors will need to enter their portal username and password to request an export.

Q: How will I know if a request has been made?

A: You will receive an auto-notification in the messages area, along with confirmation that the records have been exported or blocked based on your settings.

Q: Will I be able to set default settings for new charts?

A: Yes. Check out the steps outlined in this article.

Q: How will this affect charts of children and adolescents?

A: If a you allow the functionality practice-wide, we have established the following rules for children and adolescents:

  • Age 12 or younger: Parents can access notes. You can modify this on a per-chart basis if desired.
  • Age 13 or older: The adolescent can access their notes, while the parent cannot. You can adjust this setting for the adolescent and/or parent on a per-chart basis as needed.

Q: In my state, the minimum age for adolescents to access the service is different from the default age of 13. Can you assist me in adjusting the age requirement accordingly?

A: Unfortunately, we are unable to accommodate specific adjustments for each of the 50 different state laws, as they may contradict one another. Luminello has implemented the most common rules to support the majority of states. However, if you need to modify chart permissions, you have the flexibility to do so on a per-chart basis.

Q: What about in complex families where one parent should NOT have access to third-party exports? Can I enable access for the entitled parent and disable it for the other parent?

A: Yes, you can choose to enable access for the parent who is entitled to it while disabling it for the other parent.

Q: What about in complex families where there are two or more patients/clients, but I'm not allowing access to all charts? Will the requestor be able to export all charts?

A: No, the requestor will not be able to export charts to which access has been restricted.

Q: For group practices, will staff-level clinicians or assistants be able to change permissions?

A: No, to prevent inadvertent changes and ensure the sensitivity of information, only owners or super-admins will have the ability to modify permissions within the group practice.

If you have any questions, please contact us.

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