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Doesn't matter. The lawyers always go after the deep pockets and the deep pockets are never the individual practitioner. Besides which, a malpractice suit isn't going to be about medical records, a records leak suit is going to be about medical records and then the practitioner points at the waiver and says "talk to my EMR." Rail all you want. Actual HIPAA compliance matters fuckall compared to perceived HIPAA compliance, and perceived compliance is "there's an app for that."