Some pundits have written that health insurance mandates are well beyond the constitutional authority of the federal government to tax, spend, and regulate interstate commerce. Others have picked up on these arguments and applied them to the EHR-implementation incentives under the HITECH Act as well. The bottom line is that these arguments fail, for four reasons.
If your patient records aren't already stored digitally, they are likely to be digitized soon. There is a tremendous push by the federal government-as well as by some private payors and self-insured employers-to get all healthcare providers wired in the near future, in order to better coordinate patient care, improve outcomes, and "bend the cost curve" all at the same time.