Stay compliant when transferring medical records.
Health care providers must navigate a myriad of laws, rules, and regulations that impact their duties pertaining to custodianship, retention, and transfer of medical records. While the provider deals with retention and custodianship requirements on a daily basis, understanding the implications of a wrongful transfer of medical records may not be as common. These issues are especially important in dealing not just with the patient and their request for transfer of medical records but when dealing with third parties who may require them. These instances can include providers sharing records in a shared patient situation or a formal health information exchange, another provider assuming custody and control of the medical records in lieu of the retirement of a provider or the closing of a health care entity, due diligence issues when a provider is a party to a business transaction, or how to respond to audits or other de-mands from governmental and payor parties. This topic will provide an analysis of how a provider may appropriately plan for, coordinate, and transfer medical records in various instances. It will address common mishaps that arise in this process and how to respond when they occur. It is imperative to recognize the duties involved with maintaining medical records and the repercussions if those duties are not met.
Agenda
Faculty
Jeffery P. Drummond
Jackson Walker L.L.P.
Jeff Drummond
- Partner in the Health Care Section of Jackson Walker L.L.P. (Dallas, Texas office)
- Represents hospitals, physicians and physician groups, other health care providers, and health care technology companies
- Regularly advises clients regarding compliance with health care, pharmaceutical, and tax exemption laws and regulations, including the federal Stark Law and Anti-Kickback Statute
- Frequent speaker on medical record privacy and security issues, HIPAA, and cybersecurity
- Maintained a blog on HIPAA and other medical records matters since 2002 at www.hipaablog.blogspot.com
- Adjunct professor of health law, Naveen Jindal School of Management at The University of Texas at Dallas
- J.D. Degree, The University of Texas; B.A. Degree, University of Dallas
- Can be contacted at 214-953-5781 or [email protected]
Patrick D. Souter
Gray Reed & McGraw LLP
- Of Counsel, Gray Reed & McGraw LLP
- Representation of physicians, hospitals and ancillary providers in operational, regulatory and administrative matters
- Board Certified in Healthcare Law by the Texas Board of Legal Specialization
- Adjunct Professor of Healthcare Studies at Baylor University School of Law and the Baylor University Hankamer School of Business’ Robbins Institute for Health Policy and Leadership
- Frequent speaker to national and local healthcare organizations on physician, hospital and other provider issues
- Recognized as a leading healthcare lawyer in Texas by Chambers & Partners USA (2020 - 2023) and selected by his peers for inclusion in Woodward/White, Inc.’s The Best Lawyers in America in the field of Health Care Law (2019 - 2023)
- Frequent author of books and articles on various topics
- LLM degree in Health Law from Hofstra University; JD degree from Baylor University School of Law, MBA degree, Health Services Management from the University of Dallas, BBA degree, in Finance from Baylor University Hankamer School of Business
- Can be contacted at [email protected] or (214) 954-4135
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