Learn who has the right 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 area's conflicts regarding ownership of medical records are likely to occur and the legal and regulatory underpinnings of competing claims to the records.
Learning Objectives
- You will be able to describe the statutory requirements of a medical record.
- You will be able to discuss who owns the rights to medical records.
- You will be able to explain the distinction between physical records and the information contained in records.
- You will be able to review competing ownership claims.
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
Speakers
Jeffery P. Drummond,
Jackson Walker L.L.P.- Partner in the health care section of Jackson Walker L.L.P.
- Represents hospitals, physicians and physician groups, and other health care providers
- 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 214-953-6000 or jdrummond@jw.com
Who Should Attend
This live webinar is designed for medical records directors, health information managers, facility administrators, billing managers, compliance officers, coders, and attorneys.
