This presentation is crucial in understanding the various requirements and landmines that must be recognized to ensure compliance with the law.
There are numerous federal and state laws, rules and regulations governing the receipt, retention and disclosure of Medical Records that must be met by those who possess or maintain such records. These obligations apply whether the custodian is a medical provider, healthcare facility, an insurer, a third party that assists with healthcare services and benefits or in an educational setting. The failure to fulfil these obligations may result in significant adverse implications for all involved. These repercussions include breach of confidentiality, privacy and security, along with a breach of fiduciary duty, that may result in significant damages, and governmental penalties. Therefore, it is imperative that those who are involved with Medical Records understand the scope of such legal authority. This presentation will identify the myriad of legal sources and their underlying rights, duties and obligations that must be analysed to ensure legal compliance, especially when responding to a request by a patient, family member and caregiver for release of Medical Records. An overview of the differences of confidentiality, privacy security along with the authority granted to those who may serve as a healthcare surrogate will be addressed along with repercussions that may occur for failing to do so. Finally, best practices in responding to record requests will be discussed.
Learning Objectives
- You will be able to define the Federal and State legal requirements as to the retention and disclosure of Medical Records.
- You will be able to describe the various rights afforded patients, their families and caregivers in accessing Medical Records.
- You will be able to identify the various legal standards one must comply with when receiving and disclosing Medical Records.
- You will be able to discuss best practices when addressing Medical Record requests from patients, family members and caregivers.
Agenda
Speakers
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 health care law by the Texas Board of Legal Specialization
- Adjunct professor of health care studies at Baylor University School of Law and frequent speaker to national and local health care organizations
- Recognized as a leading health care lawyer in Texas by Chambers & Partners USA (2020) 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 - 2021)
- Frequent author of books and articles for the American Health Law Association (AHLA) and American Bar Association (ABA) including co-authoring the AHLA’s Representing Physicians, 4th edition and the ABA’s Physician Law Evolving Trends and Hot Topics (2017- 2020 editions) and What is ... Medical Staff Peer Review?
- Frequent speaker on physician, hospital, and other provider issues
- Member of the American Bar Association, State Bar of Texas, American Health Law Association, American College of Healthcare Executives, and Health Care Compliance Association
- LL.M. degree in health law, Hofstra University; J.D. degree, Baylor University School of Law; M.B.A. degree in health services management, University of Dallas
- Can be contacted at 214-954-4135, psouter@grayreed.com or 1601 Elm Street, Suite 4600, Dallas, Texas 75201
Who Should Attend
This live webinar is designed for medical records professionals, coders, health information directors, billing managers, compliance officers, business and office managers, nurses, health care providers, clinic coordinators, and administrators.
