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Medical Records Law in Michigan

Gain new insights in the most recent developments surrounding HIPAA and medical records law. As medical records law continues to evolve, the complexities of how your organization maintains these sensitive records now will impact your legal liability later. When improperly handled, your records management practices are far reaching and potentially damaging to your organization. Proper records management is only a small part of protecting your business from damaging legal issues that will happen without understanding the full scope of what your responsibilities are as it pertains to HIPAA and patients’ rights. Benefits for You - Accessing and releasing medical records while staying complaint under HIPAA - Medical record retention, alteration and destruction - Records used in litigation - Charting with attorneys in mind
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Over 29 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

Access and/or Release of Medical Records Under Michigan Law, Including Mental Health Records
— Blake D. Crocker, J.D., LL.M.
  • Access to Records Under the Michigan Medical Records Access Act, MCL §333.26261
  • Access to Records Under Michigan Mental Health Code, MCL § 330.1748
  • Privilege and Duty of Confidentiality of Michigan Licensees
  • A Licensee's Duty to Disclose to Third-Parties
  • Pre-Emption of HIPAA?
  • Practical Issues: Responding to Requests, Charges for Records
  • Case Law Update
HIPAA Privacy and Security in 2014 and Beyond
— Peter J. Domas
  • Review the Basic HIPAA Requirements
  • Understand the Issues the OCR Has Indicated Are the Most Commonly Violated HIPAA Provisions
  • Identify Some of the Recent Changes That Have Taken Place as a Result of the January 2013 Rulemaking
  • Understand the Recent Enforcement Actions That Have Been Taken
  • Set Forth Next Steps for All Attendees to Take in Their Own Practices and Facilities
  • Implementation That Took Place in September, 2013
Ownership, Retention and Alterations of Medical Records
— Richard M. Wilson Jr.
  • Ownership
    • Duty to Create Record
    • PHI vs. Medical Record
    • Incidents of Ownership
  • Retention
    • Varies Depending on Types of Record, Age of Patient and Purpose for Retention
    • State Bar of Michigan Manual
  • Alteration
    • Destruction = Alteration With Extreme Prejudice
    • Wrongful Alteration on Destruction
    • Permitted Supplementation and Connection
    • Disposal of Medical Records
Audit Trails
— Stephanie P. Ottenwess
  • What Are They and What Information Do They Contain?
  • What Is Metadata?
  • Compliance With HIPAA Privacy and Security Rules
  • The Audit Trail's Role as Part of a Health Provider's Electronic Health Record
  • Requests for Audit Trails During Litigation
    • Why Are They Being Requested?
    • What Information Is the Requesting Attorney Trying to Obtain?
    • Is the Audit Trail Discoverable Under Federal or State Law?
    • What to Do When You Receive a Request for an Audit Trail: Comply With the Request, Object to Producing Anything or Demand That the Request Be More Limited in Scope?
    • What to Do When the Audit Trail Contains Protected Risk Management or Quality Control Information
How and Why Medical Records Are Most Commonly Used in Litigation
— Shawn C. Worden
  • Personal Injury/Medical Malpractice
  • Compliance/Payor Audits
  • Criminal
  • Licensure Actions
Charting Best Practices – What Attorneys Are Hoping to Find
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Why Lorman?

Over 29 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.

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Manual

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Audio & Reference Manual

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Online Manual

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Why Lorman?

Over 29 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

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Blake D. Crocker, J.D., LL.M. – Moderator

Crocker & Crocker, P.C.

  • Founding member of Crocker & Crocker, P.C.
  • Advises providers on health care compliance issues
  • LL.M. degree in health law, DePaul University; J.D. degree, cum laude, Thomas M. Cooley Law School; B.A. degree, University of Michigan
  • Can be contacted at blake@crockerlawfirm.com or www.compliancelawfirm.com
Peter J. Domas

Peter J. Domas

Clark Hill PLC

  • Attorney with Clark Hill PLC
  • Practice is devoted to representing clients in the health care industry
  • Counsels clients on the development and maintenance of effective internal compliance programs
  • J.D. degree, summa cum laude, University of Detroit Mercy School of Law; M.S. degree, Walsh College; B.B.A. degree, University of Michigan – Flint
Stephanie P. Ottenwess

Stephanie P. Ottenwess

Ottenwess, Taweel & Schenk, PLC

  • Partner with Ottenwess, Taweel & Schenk, PLC
  • Practices health care law and professional liability defense
  • J.D. degree, Wayne State University Law School; B.S. degree, University of Michigan
  • Can be contacted at 313-965-2121 ext. 209 or sottenwess@ottenwesslaw.com
Richard M. Wilson Jr.

Richard M. Wilson Jr.

Mika Meyers Beckett & Jones Law Firm, PLC

  • Member of Mika Meyers Beckett & Jones Law Firm, PLC
  • Practices in municipal, health care, corporate, real estate and environmental law
  • Pre-eminently rated in the Martindale-Hubbell Law Directory
  • J.D. degree, The Ohio State University; B.A. degree, Grand Valley
  • Can be contacted at 231-723-8333 or rwilson@mmbjlaw.com
Shawn C. Worden

Shawn C. Worden

360 Law

  • Owner of 360 Law, Traverse City, Michigan (formerly shareholder at Smith Haughey Rice & Roegge)
  • Represents a wide variety of health care professionals and their businesses ,and provides commercial, personal injury and criminal litigation service
  • 2010 and 2013 Michigan Rising Star in the field of Health Law for Super Lawyers
  • 2011 and 2012 The National Trial Lawyers, Top 40 Under 40 for Michigan
  • J.D. degree, University of Maine School of Law; B.A. degree, Michigan State University
  • Can be contacted at 231-932-0360 or shawn@threesixtylaw.com
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Why Lorman?

Over 29 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.

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

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Product ID: 393218
Published 2014
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