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.
Learning Objectives
- You will be able to define what a medical record is.
- You will be able to describe the HIPAA Privacy Rule and identify who has the right to access, account, and inspect collected health information.
- You will be able to explain the medical record retention requirements under State and Federal law.
- You will be able to recognize and avoid common legal mistakes related to the retention and security of patient medical records.
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
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
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
Who Should Attend
This live webinar is designed for medical records directors, health information directors, coders, business managers, office managers, nurses, hospital administrators, billing managers, social workers, counselors, release of records professionals, attorneys, and compliance managers.
