Learn how to stay compliant handling medical records and how to avoid common legal mistakes that could be costly.
Health care providers, insurers, and their business partners and vendors must navigate through a myriad of laws, rules and regulations that impact their duties pertaining to custodianship, retention, transfers, and other treatment of medical records. Failure to appropriately adhere to regulatory requirements for the proper treatment of medical records can have material and adverse implications for providers and practices. Additionally, the treatment of medical records is significant for both patients and third parties (including governmental and payor parties) seeking to access medical records, and providers must navigate various legal requirements in order to permissibly address and satisfy patients' rights and third-party requests. This topic will provide an analysis of how a provider may appropriately plan for, coordinate, and address the appropriate handling of medical records in various instances. It will address common mishaps that arise in this process and how to respond to such when they occur. It is imperative to recognize the duties involved with maintaining medical records and the repercussions if those duties are not met.
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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
Introduction
- What Constitutes a Medical Record
- Custodianship Requirements and Retention Periods
- Common Legal Mistakes Made When Handling Medical Records
HIPAA, Confidentiality and Patient's Rights
- Federal and State HIPAA and Confidentiality Requirements
- Consequences of Violation of Federal and State Law
- Medical Board and Other Professional Licensing Agency Rules
Analysis of How to Handle Medical Records in Common Situations
- Receipt and Retention of Medical Records
- Securing and Encrypting Medical Records
- Patient Access to Medical Records
- Responding to Governmental and Payor Audits and Subpoenas
- Other Common Situations Involving Medical Records
Conclusion
- Best Practices in Handling Medical Records
- Understanding the Key Legal Requirements for Handling Medical Records
- Final Recommendations
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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 September 23, 2020.
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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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]
Taylor McDowell
Jackson Walker L.L.P.
- Associate in the health care section of Jackson Walker L.L.P. (Austin, Texas office)
- Represents hospitals, physicians and physician groups, and other health care providers
- Regularly advises clients regarding compliance with health care, telemedicine, and other corporate and transactional laws and regulations
- Author of numerous law review articles, including publication with the Georgetown Journal of Law & Public Policy, the Harvard Journal of Sports & Entertainment Law, and the Virginia Environmental Law Journal
- Co-author of online article concerning health care and telemedicine implications during the COVID-19 pandemic
- Co-presenter of Lorman Webinar “The Most Common Legal Mistakes Made When Handling Medical Records and How to Avoid Them”
- Member of the Board of Directors of El Buen Samaritano Episcopal Mission, the Abundant Life Foundation, and the St. David’s Episcopal Day School
- J.D. degree, University of Virginia; B.S. degree, Georgia Institute of Technology
- Can be contacted at 512-236-2225 or [email protected]
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