Staying Compliant While Granting Access of Medical Records to Patients Family and Caregivers

This presentation is crucial in understanding the various requirements and landmines that must be recognized to ensure compliance with the law.

There are numerous federal and state laws, rules and regulations governing the receipt, retention and disclosure of Medical Records that must be met by those who possess or maintain such records. These obligations apply whether the custodian is a medical provider, healthcare facility, an insurer, a third party that assists with healthcare services and benefits or in an educational setting. The failure to fulfill these obligations may result in significant adverse implications for all involved. These repercussions include breach of confidentiality, privacy and security, along with a breach of fiduciary duty, that may result in significant damages, and governmental penalties. Therefore, it is imperative that those who are involved with Medical Records understand the scope of such legal authority. This presentation will identify the myriad of legal sources and their underlying rights, duties and obligations that must be analyzed to ensure legal compliance, especially when responding to a request by a patient, family member and caregiver for release of Medical Records. An overview of the differences of confidentiality, privacy security along with the authority granted to those who may serve as a healthcare surrogate will be addressed along with repercussions that may occur for failing to do so. Finally, best practices in responding to record requests will be discussed.

Faculty

Patrick D. Souter

Gray Reed & McGraw LLP