Who is required to keep medical records?
Individual providers, facilities and government programs are required, and have a responsibility to keep medical records. The sources of laws that dictate what have to be in your medical record are going to arise from state laws, Medicare, the Clinical Laboratory Improvement Act, and 42 CFR Part 2. It’s important to keep in mind that HIPAA does not govern the form or content of Medical Records. However, it does regulate who may have access to the protected health information contained in medical records, as well as who must be given access to the PHI contained in medical records. This video reviews examples of electronic case law and HIPAA.
Helen Oscislawski, Esq.
Attorneys at Oscislawski LLC
- Founding partner, Attorneys at Oscislawski LLC
- Corporate and regulatory attorney whose practice focuses almost exclusively on advising and representing health care clients
- Recognized nationally for her substantial experience with and understanding of legal issues that arise with the use of electronic medical records and networked health information exchange
- In 2008, Governor Corzine appointed her to the New Jersey Health Information Technology Commission to fill the seat reserved by statute for an attorney practicing in this state with demonstrated expertise in health privacy in 2010, Governor Christie reappointed her to the commission, and she also served as the chair of New Jersey’s Privacy and Security Committee
- Over the course of her career, she has completed complex legal analyses regarding patient consent issues, privacy standards, security breach response, and other patient-data related challenges
- Known to many as a go to attorney on HIPAA, health information exchange and technology, and legal advice relating to health care data breaches
- Currently advises some of the most sophisticated organizations in the nation on all aspects of managing patient privacy and legal risk resulting from data breaches
- Who’s Who 2017 Top Lawyer, and is also recognized as a Lawyer of Distinction, a designation granted to only the top 10% of attorneys in the nation
- Speaks regularly at various national events on these topics, as well as maintains a popular blog called Legal HIE, www.legalhie.com
- Can be contacted at 609-385-0833 ext.1 or [email protected]
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