Medical Record Ownership: Do You Know Who Can Stake Claim?

Learn who has the rights to data to avoid legal issues associated with protected health information.

Medical records are currently a primary target of hackers. This clearly indicates the ultimate value that medical records hold. However, that begs an introductory question, who owns those records in the first place? The physician, hospital, or other health care provider who compiles the medical records has a clear claim to the records, but so does the patient who is the subject of the information. There's also the distinction between the physical records, be they paper or electronic, and the information contained in the records. While the records may need to be reproduced, at some cost, to be possessed by a second party, the information can be possessed by multiple persons, and each new holder of the information does not diminish the ability of the earlier holders to retain the data. There's also the issue of rights, such as the right to access or amend the records that fall short of outright ownership. This topic will analyze how these various concepts and structures impact the ultimate question of who owns or has rights to medical records or the data contained therein. The presentation will highlight the likely areas conflicts regarding ownership of medical records are likely to occur and the legal and regulatory underpinnings of competing claims to the records.

Faculty

Jeffery P. Drummond

Jackson Walker L.L.P.