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.
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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
What Is a Medical Record?
- Statutory Requirements
- Quasi-Medical and Non-Medical Information in Records
- Genomic and Big Data Information
Physical Records vs. Data/Information
- Nature of Data as Fully Replicable
Competing Ownership Claims
- Provider vs. Patient
- Hospital vs. Physician/Other Provider
- Employed Physicians vs. Employer Practice
Rights Short of Full Ownership
- Right to Monetize (Use, Exploit, Sell, Patent, etc.)
- Standard HIPAA Rights: Access, Restrict, Amend, Accounting
- Right to Be Notified of Breach
- Right to Privacy/Security Generally
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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 August 17, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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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.
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]
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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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