Medical Records Update for Paralegals: Releases, Retention, and Confidentiality Requirements

Understand the requirements of HIPAA, HITECH, and the Omnibus Rule and ensure compliance.

Medical providers and health plans, vendors, and others who retain medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the disclosure of the information. Complex and overlapping rules and regulations impose rigid requirements that must be met before information is released and require medical record repositories to retain the records for often-conflicting time periods. Parties holding healthcare information must know the restrictions that apply to them and prohibit or permit the disclosure of such information. Parties seeking such information in litigation must understand these restrictions and know the ways to compel disclosure. This topic will outline the source of the laws and regulations that govern the ability and duty of such repositories to release such information. We will discuss their obligations to retain medical records, the confidentiality obligations of such record holders, the impact of those laws, and how to establish policies and systems to ensure those laws are met. This topic will specifically outline the requirements of the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder and will also identify common state statutory and regulatory schemes that deal with medical record release and retention. The information will offer advice and tips that can be used by medical providers and other record holders to help ensure compliance with these wide-reaching laws and regulations.