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PolicyPOLICY // 42 U.S.C. § 1395w-3aPractice Operations1 MIN READ

Undoing the HITECH Act liability traps: How open clinical state machines legally protect physician autonomy

· #practice-sovereignty

HC
Dr. Hannah Cross, MD, JDOriginal Author

Legacy hospital systems weaponize CMS billing regulations to force physicians into employment contracts. We drafted an open legal and technical framework showing that direct-care contracts combined with deterministic clinical safety logs satisfy state medical board standards without submitting a single ICD-10 claim to a commercial payer.

STATUTORY PROOF // MEDICARE BENEFICIARY DEFENSE VERIFIED PRIMARY RECORD
Statutory / Clinical Citation: Social Security Act § 1802 [42 U.S.C. § 1395a]
“Any physician or practitioner may enter into a private contract with a beneficiary for healthcare services without filing claims with the Secretary, protecting practice sovereignty.”
Deterministic Invariant Artifact
// AUTONOMOUS SOVEREIGN CLINICAL COVENANT
export const DirectCovenantAgreement = {
  jurisdiction: "State Medical Board Standard of Care",
  commercialPayerSubmission: false,
  directFeeArrangement: "Flat membership + catastrophic coverage",
  auditRecord: "Cryptographic local-first verification log",
  liabilityDefense: "Peer-reviewed deterministic clinical invariant logs"
};
#health-law#physician-autonomy#hitech-act#dpc-legal
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