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The Most Common Legal Mistakes Made When Handling Medical Records and How to Avoid Them

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.

91 minutes
Certificate of Completion
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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

HIPAA, Confidentiality, and Patient's Rights

  • HIPAA and HITECH
  • The Privacy Rule
  • Individual Rights Under HIPAA
  • Other Privacy Laws

Analysis of How to Handle Medical Records in Common Situations

  • Receipt, Retention, and Transfer 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

Common Legal Mistakes When Handling Medical Records

  • Retention and Security
  • Patients' Rights
  • Government and Payor Audits

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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 14, 2024.

Call 1-866-352-9540 for further credit information.

  • AHIMA 1.5 including Data Structure, Content, and Information Governance 1.5
     
  • This program has been approved for 1.5 continuing education units for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA). Granting prior approval from AHIMA does not constitute endorsement of the program content or its program sponsor.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 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 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • 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: 91 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. 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 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.52
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.52 hours of credit.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.9
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.9 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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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  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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]
Baker Howry

Baker Howry

Jackson Walker L.L.P.

  • Associate in the Litigation Section of Jackson Walker L.L.P. (Houston, Texas office)
  • Represents individual and companies in criminal and civil government enforcement actions, including healthcare fraud and other related complex litigation matters
  • Regularly handles internal and government investigations and advises clients regarding healthcare compliance and telemedicine laws and regulations
  • Provides training seminars, including FDA manufacturing compliance best practices
  • J.D. Degree, summa cum laude, South Texas College of Law Houston; B.S. Degree, Health Promotion, University of Georgia
  • Can be contacted at 713-752-4486 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 411534
Published 2024
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