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OnDemand Course

Legal Issues Surrounding Patient Data While Working With Law Enforcement

Gain an understanding of when medical documents can and cannot be disclosed to law enforcement.

When a nurse at a Utah hospital was arrested for refusing to draw the blood of a traffic accident victim, the resulting video went viral and resulted in widespread praise for the nurse and condemnation (and an eventual firing) of the officer. When a Houston hospital reported a suspected medical identity thief to the local sheriff, the fact that the patient was in the country illegally became the focus of reporting on the matter and eventually resulted in a $2.4 million HIPAA fine for the hospital. Both of these cases point out the difficulty medical record custodians face when the privacy obligations applicable to medical data collide with the needs of law enforcement. This difficulty will likely only increase in a pandemic environment involving vaccine passports and other possible public health enforcement activities. This topic will outline the rules related to medical record privacy, including the Health Insurance Portability and Accountability Act of 1996 and its regulations. This topic will discuss which disclosures are required, which are permitted, and which are prohibited. It will also highlight the specific instances when disclosure to law enforcement officials is required or permitted; and the specific steps that medical record custodians should take to ensure that the rules are followed. Specific law enforcement situations will be discussed, and proper responses (and requests for information) will be provided.

62 minutes
Course Exam
Certificate of Completion
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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

Recent Cases in the News

Laws and Regulations Governing Disclosures

  • HIPAA
  • Other Federal Laws
  • State Laws
  • Entity-Specific Rules
    • Criminal vs. Civil Disclosure Rules

Required, Permitted, and Prohibited Releases

Differentiators

  • Types of Data
  • Types of Data Custodians

Specific Issues Involving Law Enforcement Disclosures

  • Disclosures Required by Law General
  • Abuse, Neglect, and Domestic Violence
  • Judicial and Administrative Proceedings
    • Subpoena Specifics
  • General Law Enforcement Releases
    • General Releases
    • Identification and Location Releases
    • Victims of Crime
    • Deceased Individuals
    • Crimes on the Premises
    • Emergency Situations
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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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 6, 2022.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 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

Jeffery P. Drummond

Jackson Walker L.L.P.

  • Partner in the healthcare section of Jackson Walker L.L.P.
  • Represents hospitals, physicians and physician groups, other healthcare providers, and healthcare technology companies
  • Regularly advises clients regarding compliance with healthcare, 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
  • Maintains a blog on HIPAA and other medical records matters 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 [email protected] or 214-953-6000
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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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
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Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 409393
Published 2022
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