Understand data breach security laws and safeguarding confidential records.
This presentation will look at the pitfalls associated with lost, stolen, altered, or damaged medical records. We will start by looking at HIPAA and state physician-patient privacy laws to establish baseline expectations for providers and record custodians. We will discuss best practices for retention as well as what to do when a breach occurs. We will discuss reporting requirements under the HIPAA framework and look at case studies to illustrate what may happen if a provider is found to have breached HIPAA. We will also look at how courts and legislatures handle the issue of lost, stolen, altered, or damaged medical records in the context of legal claims. We will discuss different approaches across the United States to the retention of medical records and different evidentiary standards regarding the spoliation of records in negligence suits. We will discuss strategies to minimize liability exposure and present case studies of when things go wrong.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
HIPAA
- Exploring the Statute
- Interaction With State Privacy Laws
- The PhysicianPatient Privilege
- Best Practices Under HIPAA
- You Have a Breach, What Now?
- Reporting Requirements
- Timing
- Form
- Private Right of Action?
- Case Studies
Records Retention and Spoliation of Evidence
- State Records Retention Laws
- Time Limitations
- Allowable Exceptions
- Records Retention and Production
- EMR
- Audit Trails
- Pitfalls of Production
- Spoliation of Evidence - Legal Standards
- What Happens When Records Are Lost or Stolen
- What Happens When Records Are Altered
- What Happens When Records Are Damaged
- Case Studies
- Best Approaches
Questions
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 6, 2023.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stuart Berman
Barker, Castro & Steinback, LLC
- Partner at Barker, Castro & Steinback, LLC in Chicago
- Practice focuses on medical malpractice, long-term care defense, and the formation of captive insurance companies; he defends hospitals, medical centers, nursing homes, physician groups, individual physicians and nurses in medical malpractice, and long-term care negligence cases
- Has particular expertise in cases involving complex and catastrophic losses, product liability, and compliance issues
- Consults and advises hospitals and other healthcare facilities on restructuring risk management processes and compliance issues
- National supervising counsel for two national insurance collectives and works to assist doctors and hospitals in forming captive insurance companies, risk retention groups, and risk purchasing groups
- Frequently speaks to medical and legal professionals regarding topics related to healthcare litigation and has written or co-written multiple publications and has written, edited, presented, and/or co-presented multiple lectures covering a range of topics in medical malpractice
- Graduate, Chicago-Kent College of Law; undergraduate, Bates College
- Can be contacted at [email protected] or 312-447-3212
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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