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NBT Bank hires Thomas to manage Tully office
TULLY, N.Y. — NBT Bank has announced the hiring of Michael Thomas as branch manager of the bank’s Tully office. In this position, he has responsibility
Shineman Center at SUNY Oswego earns gold rating for energy and environmental impact
OSWEGO, N.Y. — The Richard S. Shineman Center for Science, Engineering and Innovation on the SUNY Oswego campus has earned a gold rating from the
Construction set to resume at Lago Casino site
TYRE, N.Y. — The partners in the $425 million Lago Casino & Resort project say construction at the site in the Finger Lakes town of
U.S. Navy accepts Lockheed Martin helicopter bound for Denmark in Owego ceremony
OWEGO, N.Y. — The U.S. Navy has accepted the first MH-60R helicopter from Lockheed Martin (NYSE: LMT) that is headed for Denmark. It was part of a ceremony held Thursday at the defense contractor’s plant in Owego. “The Romeo is the U.S. Navy’s primary rotary anti-submarine and anti-surface warfare platform in operation and
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OWEGO, N.Y. — The U.S. Navy has accepted the first MH-60R helicopter from Lockheed Martin (NYSE: LMT) that is headed for Denmark.
It was part of a ceremony held Thursday at the defense contractor’s plant in Owego.
“The Romeo is the U.S. Navy’s primary rotary anti-submarine and anti-surface warfare platform in operation and we’re proud to know these will be flying soon with the Royal Danish Air Force … our first Seahawks in Europe,” Rear Adm. CJ Jaynes said in a Lockheed Martin news release.
Jaynes serves as program executive officer for air anti-submarine warfare, assault and special-mission programs, which oversees the U.S. Navy’s H-60 program office.
Stratford, Connecticut–based Sikorsky Aircraft Corp. manufactured the MH-60R, while Lockheed Martin provided its mission systems and sensors.
Bethesda, Maryland–based Lockheed on July 20 announced it had agreed to acquire Sikorsky Aircraft for $9 billion. Sikorsky, which specializes in the design, manufacture, and service of military and commercial helicopters, is a subsidiary of United Technologies Corp. (NYSE: UTX), the parent company of Carrier Corp., which has operations in DeWitt.
The MH-60R is operational and deployed as the primary U.S. Navy anti-submarine and anti-surface warfare system for both open-ocean and littoral zones.
Denmark in 2012 announced it will acquire a total of nine MH-60R aircraft by 2018 to conduct missions such as surveillance, search and rescue, anti-piracy and anti-surface warfare, Lockheed Martin said.
“MH-60R helicopters host the complete package of sensors and systems that address today’s increasing threats,” Dan Spoor, VP of aviation and unmanned systems at Lockheed Martin, said in the company’s news release.
Prior to delivery to the Royal Danish Air Force, the aircraft will undergo a series of tests to validate Danish configuration modifications.
The first aircraft will arrive in Denmark in the second quarter of 2016, while the full fleet will get there by 2018, Lockheed Martin said.
Denmark follows the Royal Australian Navy as the second international military customer in the MH-60R program. To date, Lockheed Martin has delivered a total of 14 of 24 Australian aircraft “ahead of schedule.”
The remaining 10 aircraft will arrive in Australia in 2016, according to the news release.
Contact Reinhardt at ereinhardt@cnybj.com
PHOTO CAPTION: An MH-60R helicopter in flight
PHOTO CREDIT: Lockheed Martin website
CNYREDC hopes to “rise” to top three in Cuomo’s $1.5B economic-development competition
SYRACUSE — For the Central New York regional economic-development council (CNYREDC), it’s now a matter of waiting and hoping. The CNYREDC on Oct. 6 announced it submitted its proposal to New York State as part of Gov. Andrew Cuomo’s $1.5 billion Upstate Revitalization Initiative (URI) competition. It’s a statewide economic-development initiative that will
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SYRACUSE — For the Central New York regional economic-development council (CNYREDC), it’s now a matter of waiting and hoping.
The CNYREDC on Oct. 6 announced it submitted its proposal to New York State as part of Gov. Andrew Cuomo’s $1.5 billion Upstate Revitalization Initiative (URI) competition.
It’s a statewide economic-development initiative that will award up to $500 million to three of seven competing upstate regions.
Robert Simpson, president and CEO of CenterState CEO, and Syracuse University Chancellor Kent Syverud were scheduled to present the proposal to the state’s Strategic Implementation Assessment Team (SIAT) on Oct. 21.
Simpson and Syverud co-chair the CNYREDC.
The plan puts “our best effort and our best foot forward,” Simpson said in remarks at CenterState CEO on Oct. 6.
“We have attracted national, and, in some cases, international partners to join us in this work. Our proposal around unmanned systems has 30 or 40 letters of support and letters of interest from companies, some of which are confidential still at this point, who want to partner with us on that effort,” said Simpson.
The CNYREDC has titled its submission “CNY Rising,” which seeks to create nearly 6,000 new jobs over five years, according to a CNYREDC news release issued Oct. 6.
The proposal focuses on six investments that the council projects will help “capture” market opportunities. It also contends the investments will “transform the regional economy by creating thousands of new jobs and fostering hundreds of millions of dollars of inward investment,” according to the release.
In the first year of implementation, the investments will leverage nearly $890 million in private investment and a total, five-year payroll of nearly $766 million, “for a more than 16 to 1 return” on New York’s investment, the CNYREDC contends.
Investment strategy
CNYREDC wants the region to become the “global leader in unmanned systems, cross-connected platforms, and information assurance to ensure safety and security in a world of interconnected devices.” The region will “leverage its competencies” in precision-sensing, radar systems, data analytics, and its role as a
Federal Aviation Administration test site for unmanned aerial systems (UAS), or drones.
The effort would include Project UAS Secure Autonomous Flight Environment (U-SAFE) that would seek to “accelerate the integration” of small UAS, operating at low altitude (below 500 feet), into the national airspace system.
CNYREDC anticipates the five-year program would create 100 startup firms and an estimated 479 jobs, according to its URI online report.
The council’s six investments would also include “controlled-environment” agriculture (CEA) and aseptic-packaging facilities and build a brand identity with a “Grown in NY Certification.”
CEA is the science of computerized precision agriculture in controlled environments, according to the URI report. CEA facilities combine industry-standard greenhouse technology with computer controls and automated cultivation, harvest and processing systems.
The effort would also include construction of an aseptic dairy plant in Central New York that would “position the region to serve fast-growing overseas markets in regions such as Africa, the Middle East and South America,” the URI report said.
The plant will be designed and built to accommodate non-dairy aseptic products such as fruits, vegetables, and juices.
CNYREDC estimates CEA facilities would create 339 jobs in their first five years of operation, the URI report said.
CNYREDC also hopes to invest in a manufacturing and logistics hub, which would redevelop 225 acres of brownfields into a center of manufacturing, warehousing, and distribution. Such a facility would “dramatically reduce the costs to Central New York agricultural and manufacturing producers to get goods to international markets,” according to the release.
The hub would be located within three miles of the region’s most “impoverished” areas, creating more than 300 jobs and an estimated 1,644 warehouse and distribution jobs within a 10-mile radius of 54 percent of underemployed workers.
The council’s investment strategy also includes a national veterans resource complex; a consensus commission on government modernization; and an alliance for economic inclusion, which will implement strategies in “training, eliminating misalignment of skills, increasing education, fighting blight and addressing homelessness.”
Business competition could bring $10 million into upstate New York
SYRACUSE –– New York State is betting that a business competition taking place in Syracuse could bring in more than $10 million into the area –– if entrepreneurs can be convinced that Central New York is the place to launch a startup. Genius NY is a business-accelerator program for startups focused on data technologies
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SYRACUSE –– New York State is betting that a business competition taking place in Syracuse could bring in more than $10 million into the area –– if entrepreneurs can be convinced that Central New York is the place to launch a startup.
Genius NY is a business-accelerator program for startups focused on data technologies such as cyber security and analytics that will run from January 2016 until June 2017. Genius NY is short for (Growing ENtrepreneurs & Innovators in UpState New York). CenterState CEO will host the competition at the Syracuse Technology Garden, a business incubator located at 235 Harrison St.
Genius NY is offering $3 million for participating companies, including a $1 million grand prize.
In June, Gov. Andrew M. Cuomo announced the competition, contending that it would attract budding tech companies. “By providing key investments and resources, we are helping the next generation of entrepreneurs transform their ideas into products and businesses and bringing new jobs and economic opportunity to the region,” he said in a June 18 news release.
The state and the Tech Garden have hosted other business competitions like Genius NY, said Seth Mulligan, the former VP of innovation services for CenterState CEO at the Tech Garden. He spoke with CNYBJ on Oct. 1, before he departed Oct. 13 for a position as operations manager at TCGplayer in Syracuse. That company is a fast-growing digital marketplace that sells game cards and related products.
Genius NY has three distinct differences from the prior contests: the prizes for competing startups are bigger, the state is trying to draw in startups from all over the world, and it is being more explicit about linking the content to regional economic opportunities. The competition also requires startups to stay in Syracuse for one year after it ends in June 2017.
“The work that we do at The Tech Garden is very, very early stage,” Mulligan said. “You’re placing somewhat smaller bets very early, but the wins or the returns could be quite large.” For example, these companies could rapidly expand or produce multi-million dollar business exits.
CenterState CEO and The Tech Garden want to see both immediate and long-term returns from their investments. In the short term, they hope to see a firm from the private sector match the $1 million first-place prize in the Genius NY contest. Although Mulligan recognizes that the larger returns could not come for another five, seven, or 10 years, he said CenterState CEO hopes the grand prize money will yield more than $10 million in returns. This includes the potential number of jobs created, capital from outside investors, and the tech companies’ investment in housing and the Syracuse economy.
The Genius NY business competition is seeking to build on the successes of a similar program in Western New York. That program, called 43North, is part of Cuomo’s Buffalo Billion initiative. The 43North competition gives out $5 million in cash prizes annually to entrepreneurs and startups from around the globe.
Michael D’Eredita, a professor at Syracuse University’s School of Information Studies, said the Genius NY competition can be a key source of funding for early-stage companies — something that Syracuse and upstate New York need.
“Anything that helps stimulate the creation of new businesses is positive,” D’Eredita said.
The area’s pros and cons
However, luring these budding companies to the Syracuse area may be easier said than done. Syracuse has several attributes that make the city a good place for a business to start, including low cost of living and the pool of talent from its local and regional universities. But its languishing economy, lack of capital, and the less than balmy weather can make it a tough sell for startups.
On the positive side, Syracuse’s small size offers benefits.
“It’s a smaller community, so you’re going to get good support from the people that are here,” D’Eredita said. “You’re going to be competing with fewer companies for the resources that are here.”
On the other hand, there are not as many investors or resources in Syracuse as there are in other major cities, like New York City or San Francisco.
“You have to make the most of what you can that is local, but you also have to build networks and connections and bridges with other well-established ecosystems around the country and the world,” he added.
Syracuse may not be as glamorous or as exciting as New York City or Silicon Valley, but it is great place to start a business, said Patrick Ambron, CEO of BrandYourself, an online reputation-management company that helps people improve online search results for their names. Ambron, a 2009 Syracuse University graduate, and his partners started the firm in 2009 as part of the Tech Garden’s Student Sandbox program. BrandYourself won the $200,000 grand prize in the 2011 Creative Core Emerging Business Competition, one of the Tech Garden’s business programs. The firm then moved its headquarters to New York City and has been featured on the ABC TV show, “Shark Tank.”
It takes a long time for entrepreneurs to figure out how to build a sustainable business, Ambron said. The cost of living in Syracuse is much lower compared to other major cities and there are more opportunities to build meaningful relationships with mentors in a smaller community.
“A lot of businesses die before they even get started,” he said. It took his company about three years before he and his team had anything to show to potential investors.
Although he sees Syracuse as a place for businesses to grow, Ambron said the city may not be ideal for everyone. Depending on what a company’s goals and products are, it may be better off in a bigger market in the long run.
D’Eredita said the city’s affordability can be an advantage, but it is less of a draw than the availability of capital and investors willing to take a risk on a startup. And to build an environment that will allow new ventures to flourish, there needs to be people who are looking to invest.
“You need the numbers,” D’Eredita said.
Isolationism vs. Internationalism
The terms isolationism and internationalism are traditionally used when one discusses foreign policy. I think these terms can also be applied to the world of business. The United States is still the largest economy in the world and as such, local companies tend to focus their attention more on business opportunities in their own region,
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The terms isolationism and internationalism are traditionally used when one discusses foreign policy. I think these terms can also be applied to the world of business. The United States is still the largest economy in the world and as such, local companies tend to focus their attention more on business opportunities in their own region, state, or the nation as a whole. The idea of selling their products overseas may not come to mind even if there is great potential. This is quite evident by the extremely low export numbers generated by U.S. firms.
This is one of the reasons why the Obama Administration instituted an initiative back in 2009 to double exports. Following its lead, Centerstate CEO launched the Metropolitan Export Initiative in the spring of 2012 after a yearlong study conducted by the Brookings Institute to determine how many companies in the Centerstate footprint may have export potential. It turns out there were well over a hundred companies. In fact, Stephen King, executive director of the Central New York International Business Alliance (CNYIBA), says he has met with 200 companies that supposedly have export potential.
Exploring exports
There is so much potential for growth outside the U.S. that local companies were encouraged to explore those opportunities with the help from government resources like the U.S. Commercial Service — the trade-promotion arm of the U.S. Department of Commerce’s International Trade Administration. Alas, the psyche of the American businessperson tends to lean away from taking the leap overseas, which in a sense is quite ironic because Americans have been known to be great risk takers.
European and Far East companies historically have been viewed as being more risk averse than their American counterparts, yet they are much more likely to explore what international markets have to offer. In the case of these international firms, their willingness and ability to look outside their own country for growth is predicated by many factors including location and opportunities. In order for companies to grow, they needed to look elsewhere for those growth opportunities. And, that includes coming to the U.S. Once they have made the leap, however, their traditional, conservative way of thinking and spending kicks back in. They tend to be much more reluctant to take the same chances their American counterparts are taking in the U.S. or spend the same kind of money on sales and marketing. That can result in the German company not achieving the results it was seeking, and after a period of time (maybe three years), calling it quits and focusing on a different part of the world.
Taking advantage of the Trans-Pacific-Partnership (TPP)
The U.S. recently reached a trade deal with 11 Pacific nations. “For the U.S., the Trans-Pacific Partnership trade agreement opens agricultural markets in Japan and Canada, tightens intellectual property rules to benefit drug and technology companies, and establishes a tightknit economic bloc to challenge China’s influence in the region,” The Wall Street Journal reported.
This is huge news because one of the major complaints from companies when it comes to international trade is the difficulty they face getting their products in to a foreign market due to trade restrictions. With these restrictions lifted, it is one less barrier and therefore one less reason why an American company should not consider expanding globally.
Opportunities for U.S. companies
Historically, U.S. companies are bigger risk takers than most of their foreign competitors, except for when it comes to exports and international trade. This holds especially true for companies in upstate New York.
Why are they so reluctant to engage in international trade, especially if it is with an English speaking country? Is this where the concept of being a visionary comes into play? Visionaries will not only be open to taking a chance, but also have the courage to do something or go somewhere where they may not have been to before, but believes they can find success. A little handholding from a trusted source that can help ease the transition into a foreign market will also go a long way.
One way to help overcome fear of the unknown is to take advantage of different trade missions being offering by either the U.S. Commercial Service, or your state or regional economic development organization. These trips are usually organized in such a way that all the participant needs to do is get on a plane and the rest is taken care for them. The organizing party will set up meetings with possible business partners, agents or customers in those foreign markets. Visiting an international trade show in your industry segment can also be a great way to learn more about international opportunities. Notice I said “visit” and not exhibit. This gives you a chance to see who is offering what, size up your competition, and see whether there might even be interest for what you have to offer.
At the end of the day, opportunities for a small- to medium-sized U.S. business to achieve exponential growth by exploring international trade are huge.
Mark Lesselroth is founder and principal of Brenner Business Development, an international business-development consultancy focused on helping small- and mid-size businesses in the U.S. explore international opportunities as well as assisting foreign-owned companies gain market entry into the U.S. Contact him at mark@brennerbd.com
Surgeon among three attorneys Centolella Lynn firm has added in 2015
SYRACUSE — Dr. G. Randall Green, director of cardiac surgery at St. Joseph’s Hospital Health Center, has more than practicing medicine on his mind these days. Green, who is also an attorney, has joined the Centolella Lynn law firm of Syracuse of counsel in a part-time capacity in the firm’s health-care practice group. His
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SYRACUSE — Dr. G. Randall Green, director of cardiac surgery at St. Joseph’s Hospital Health Center, has more than practicing medicine on his mind these days.
Green, who is also an attorney, has joined the Centolella Lynn law firm of Syracuse of counsel in a part-time capacity in the firm’s health-care practice group. His work as a surgeon will continue, he notes.
Centolella Lynn is the d/b/a name of Centolella Lynn D’Elia & Temes LLC, which operates in a 4,300-square-foot space on the 19th floor of Axa Tower I at 100 Madison St. in downtown Syracuse.
Green is among three new attorneys that the firm announced in a news release issued Sept. 23.
Both Jason Centolella, a partner in the firm and chair of its health-care practice group, and Dr. Green, spoke with CNYBJ on Oct. 15.
Green will work with the firm on a “project-by-project basis,” says Centolella.
Besides Green, Centolella Lynn has also added Michael Stanczyk as a partner in the firm, along with Samuel Burgess.
Stanczyk, who most recently worked for Mackenzie Hughes LLP, joined Centolella Lynn in February. Burgess joined the firm in August.
He most recently worked for Watertown–based Conboy, McKay, Bachmann & Kendall, LLP.
Burgess represents and advises hospitals, physicians, physician organizations, and ambulatory-surgery centers on daily regulatory issues and compliance with state and federal law.
He also works with the same organizations on general corporate transactions, including business structuring, mergers and acquisitions, leases, employment agreements, buy-sell agreements, and affiliations.
“Sam is working primarily in the health-care space with me. And Mike assists on certain health-care projects in the business aspects of it [such as] contracts,” says Centolella.
Besides Centolella and Stanczyk, the firm’s partners also include Kathleen Centolella, (Jason’s wife), Timothy Lynn, David Temes, and Anthony D’Elia. The firm employs 10 full-time workers, including the partners, and Dr. Green, who works in a part-time capacity.
Centolella Lynn works with clients in locations that range from Utica to Rochester, up to the Canadian and Vermont borders, down to Binghamton.
“We’re covering a large area. We’ve just had a need [for additional attorneys],” says Centolella.
About Dr. Green
Besides his work in cardiac surgery at St. Joseph’s, Dr. Green is also among the physicians at Cardiac Surgery Associates of CNY, P.C. of Syracuse.
Green earned his doctor of medicine degree from the Feinberg School of Medicine at Northwestern University in 1994, according to his LinkedIn page.
He later received his law degree from the Syracuse University College of Law in 2009 and his MBA degree from the Simon Curtis Johnson Graduate School of Management in 2011.
“The idea was always to use legal education in the health-care space … but it wasn’t really clear to me what area of health care I was most interested in,” says Green.
It was during his time at Cornell that he “really got interested in the transactional aspects of health care,” he adds.
“What interests me most is physician practices,” says Green. That includes creating larger practices, helping practices work with large hospitals, and dealing with the business side of health care. “There is a great deal of consolidation in health care right now,” he notes.
Centolella met Green through a “mutual friend,” in 2013 and in their conversations about health-care law, determined that they “have a lot in common,” according to Centolella.
“Our beliefs are very similar with respect to health care and where it’s going and how to best achieve the results that doctors want to achieve,” Centolella added.
AICPA to Congress: Act “immediately” on tax-extenders legislation
Congress is considering a bill that would temporarily or permanently extend more than 50 provisions in the Internal Revenue Code, which are commonly referred to as the “tax extenders.” As defined on the website of the IRS, “federal tax law begins with the Internal Revenue Code.” The provisions either expired at the end
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Congress is considering a bill that would temporarily or permanently extend more than 50 provisions in the Internal Revenue Code, which are commonly referred to as the “tax extenders.”
As defined on the website of the IRS, “federal tax law begins with the Internal Revenue Code.”
The provisions either expired at the end of 2014 or will expire at the end of this year, the American Institute of CPAs (AICPA) said in a news release issued on Oct. 2.
AICPA, headquartered in Washington, D.C., says it is the “world’s largest” member association representing the accounting profession, with more than 412,000 members in 144 countries, according to its website. AICPA members represent areas of practice that include business and industry, public practice, government, education, and consulting.
The organization wrote an Oct. 1 letter to the chairs and ranking members of the House Ways and Means and Senate Finance Committees.
In the letter, Troy Lewis, chair of the AICPA tax executive committee, wrote that even though lawmakers considered tax-extenders legislation earlier this year, the lack of approval to extend the provisions means the nation’s businesses and citizens are “still faced with uncertainty” in planning and compliance, according to the AICPA news release.
“Therefore, we strongly recommend that the House and Senate immediately address these provisions as soon as possible, albeit perhaps on a temporary basis, to avoid further distortions in financial reporting, prevent unnecessary delays in the tax filing season, and end the resulting needless uncertainty,” wrote Lewis.
Taxpayers and tax practitioners need “certainty” with the extenders to perform any long-term tax, cash-flow or financial planning and reporting, Lewis noted.
He also expressed concern about potential consequences if Congress does not act “as soon as possible,” according to AICPA.
They include the impact on a company’s financial accounting and reporting, along with the “increase in complexity and administrative burden” for taxpayers and the IRS.
The consequences also include the “adverse impact” on small businesses and, “ultimately,” jobs and growth; and the effect on economic decisions and tax payments.
Lewis also expressed concern about the “lack of transparency” that results from short-term, retroactive extensions.
Health-Care Risk Management: The Importance of Documentation
If you are a health-care provider, one of the most important things you do is document. You document a patient’s history, complaints, findings on exam, and diagnoses. You keep a record of a patient’s current medications and allergies. You record the time spent with a patient and the directions or instructions given to the patient.
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If you are a health-care provider, one of the most important things you do is document. You document a patient’s history, complaints, findings on exam, and diagnoses. You keep a record of a patient’s current medications and allergies. You record the time spent with a patient and the directions or instructions given to the patient. Good documentation is in the patient’s best interest; it facilitates thorough and accurate health care and protects the clients from other risks.
Proper documentation may also protect a health-care provider from legal liability should an issue arise regarding the care provided to a particular patient. In the context of medical-malpractice litigation, documentation is of vital importance and can make or break a health-care provider’s defense. One problem that is often encountered in medical-malpractice litigation is poorly kept or confusing medical records. Practitioners, medical practices, health-care providers, and hospitals alike should have clear recordkeeping policies, and health-care providers should be vigilant in their daily recordkeeping practices for the patient’s sake as well as to avoid any potential issues should a lawsuit subsequently arise.
Pitfalls of EHR
Most health-care providers now create and maintain a patient’s medical record electronically through a program that creates an electronic health record (EHR). For the most part, these electronic medical-records systems improve patient care and accuracy in treatment by keeping a more thorough record for a physician to review and to create during a patient encounter. There are several pitfalls to these systems, however, which can create issues during subsequent litigation. Risk-management professionals and health-care providers should be aware of these risks and seek to mitigate them in their everyday operation.
One major pitfall is the accuracy and completeness of the documentation generated within the EHR. Depending on the system used, health-care providers use different templates and generate content for different fields within the template. These fields may either automatically populate or providers may simply cut and paste part of a patient’s record from a prior encounter. While this feature may serve a useful purpose in the care and treatment of a patient, it can create confusion upon subsequent inspection, particularly in litigation. For example, upon review of a single visit several years later, it becomes unclear whether a patient actually complained of all of the items listed in a complaint section or if the provider simply copied these complaints verbatim from a prior visit, particularly when the same complaints are listed for several visits. And in a delayed diagnosis case, for instance, it is imperative to clarify what complaints a patient had and when. Automatically populated fields can confuse this issue and create repetitive entries that give the appearance of rather careless recordkeeping, or worse, thoughtless medical care. Health-care providers should think twice before automatically populating a field or cutting and pasting from prior entries. It is incredibly important to ensure that all entries for a particular visit are accurate for that visit, both in rendering care and upon subsequent inspection during litigation or for other purposes.
Another issue that occurs in hospital-generated EHR records is the incorporation of any preliminary test results, external records, and handwritten notes or patient information into the EHR. For example, often times in medical-malpractice litigation, the timing and content of STAT preliminary test results are incredibly important. Depending on a hospital’s internal procedures and the system used, these results may be faxed or otherwise communicated and may not necessarily become part of the EHR, while technically they should be part of the patient’s chart. Similarly, records received from outside care providers that are relied upon in rendering care should be incorporated into the EHR. Further, handwritten doctor’s or nurse’s notes may get thrown away after being transferred into the HER, misplaced, or for other reasons do not become part of the patient’s record. These issues are even more pronounced in hospitals that utilize paper patient charts or that are still transitioning to the use of EHR systems pursuant to the relevant provisions of the American Recovery and Reinvestment Act of 2009.
Policies and procedures
First and foremost, it is important that a hospital develop clear policies and procedures for how to handle these types of hard or external records and incorporate them into a patient’s chart, and health-care providers should follow those policies. Particularly in a complicated case, or a case with a bad outcome, health-care providers should be extra vigilant about recovering and incorporating any hard copy preliminary test results or external records and maintaining any hand written notes related to a patient’s care. In fact, it may be the best practice to simply have these hard records scanned and incorporated into the EHR. And, as discussed above, it is important to document fully all information regarding a patient’s care within the EHR, including any and all physician’s orders and the timing of receipt and review of any important laboratory or other test results. If something isn’t documented or fails to become part of a patient’s chart, a jury may question whether, for instance, certain tests were actually completed or communicated to a physician. In litigation, it is best to avoid this type of confusion, which can easily be done by proper and careful documentation.
Safe and effective use of EHR systems starts with complete and thorough documentation. From a liability standpoint, accurate and complete documentation of a patient’s course of care is essential. Regular review of your electronic recordkeeping system and associated policies is imperative to ensure your system meets your individual needs and complies with other important legal requirements found in the Health Insurance Portability and Accountability Act of 1996 (or HIPAA). When in doubt, consult with your risk manager or an attorney regarding your recordkeeping practices.
Samantha L. Millier is a member of the litigation department at the Syracuse–based law firm Mackenzie Hughes LLP. Her practice focuses on litigation, including commercial disputes, medical malpractice, products liability, and personal injury. This Viewpoint article is drawn from the firm’s “Plain Talk” blog. Contact Millier at smillier@mackenziehughes.com
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