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What Awaits the Healthcare Industry?

awaits Healthcare Industry
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What Awaits the Healthcare Industry?

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August 2000 I. Electronic Signatures Are Valid On June 30, 2000, President Clinton signed into law the Electronic Signatures in Global and National Commerce Act (E-SIGN).1 E-SIGN becomes effective on October 1, 2000, and provides that electronic signatures and electronic contracts in interstate commerce may not be denied legal effect merely because they are in electronic form. E-SIGN offers the opportunity for fast, cost-effective transactions across all industries. Given the healthcare industry’s uniquely personal scope, however, traditional contract principles, such as mental capacity and confirmation that one’s consent is informed, will remain critical components of patient-physician-health plan transactions and are not easily replaced in an electronic environment. Accordingly, Congress and individual states (and healthcare lawyers) will, by necessity, need to grapple with the numerous issues raised by the interaction between E-SIGN, existing state health laws, and current and futur

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