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.
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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 Including Retention Periods
- What Can Go Wrong When Transferring Medical Records
HIPAA, Confidentiality, and Patient's Rights
- Federal and State HIPAA Requirements
- Other Federal and State Confidentiality Requirements
- Consequences of Violation of Federal and State Law
Analysis of How to Handle Medical Record Transfer in Common Situations
- Shared EMR and HIE Arrangements
- Sale or Closure of a Health Care Provider
- Due Diligence in Transactions Involving Health Care Providers
- Responding to Governmental and Payor Audits and Subpoenas
Conclusion
- Best Practices in Preparing for and Transferring Medical Records
- Understanding the Limitations of Transfer
- 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 March 14, 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 1.2
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 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.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.25
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
- NH MCLE 1.2
- 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: 70 Minutes.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- 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 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
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]
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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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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