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Fundamentals of Medical Records Law

Gain a better understanding of medical records and the laws and requirements that go along with managing them.Many organizations that are required to maintain medical records for patients often do not understand how to define their medical record in a manner that adequately satisfies applicable legal requirements and manages potential risks and liabilities. Many organizations also do not understand how to deal with new issues that are arising from the proliferation of electronic medical records, physician portals, and networked electronic health information exchange. Finally, many organizations do not fully understand the answer to the question of who owns the medical record, and particularly with respect to how to respond to patients, health care providers and other third parties who demand the right to access copies of such records. This topic will help the persons responsible for medical record management to understand how to define their organization's medical record, including recognizing which documents and information should be included, which ones should be considered for exclusion, and which ones might need to be flagged for special treatment in accordance with appropriate policies and procedures. The material will also cover the most important topics for consideration when reviewing your organization's current policies and procedures governing medical records and recognize if and what updates are needed. This information is important for health care providers and organizations so that they can ensure compliance with federal and state law medical record requirements, HIPAA, and to manage the risks and liabilities that could arise from medical records which are inadequately defined or managed.
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Why Lorman?

Over 32 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

Defining the Medical Record
  • State Law (i.e., Licensing Requirements)
  • Federal Law (i.e. Medicare)
  • Joint Commission Accreditation
  • Electronic Medical Records
  • Legal Record Issues
    • ThirdParty Documents
    • EMail
    • PatientPhysician Portals
    • Health Information Exchanges
Rights to the Medical Record
  • Patients' Rights
    • HIPAA: Right to Access
    • HIPAA: Right to Amendment
    • HIPAA: Right to Accounting of Disclosures
    • Designated Record Set
    • Authorized Representatives
  • Who Owns the Medical Record?
    • Duties of the Creators
    • Duties of Other Custodians (i.e., Business Associates)
    • Does the Health Care Provider Have a Right to the Record?
    • Does the Patient Have a Right to the Record?
    • Does Any Other ThirdParty Have a Right to the Record?
Retention Standards
  • Federal and State Law
  • Minors' Records
  • Compliance/Audit Considerations
  • Litigation Considerations
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Why Lorman?

Over 32 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

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 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

Helen Oscislawski, Esq.

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]
No photo available

Brad M. Rostolsky, Esq.

Reed Smith LLP

  • Partner at Reed Smith LLP in Philadelphia, Pennsylvania; leads firm's HIPAA Practice
  • Practices in regulatory and transactional health care law, and advises clients on health information privacy and security (state law and HIPAA)
  • Frequently lectures and publishes articles on health care privacy and security matters
  • Chambers ranked in Pennsylvania
  • J.D. degree, Duquesne University School of Law; M.P.H. degree in health policy, Emory University Rollins School of Public Health; B.A. degree in english, Emory University
  • Can be contacted at 215-851-8195 or [email protected]
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Why Lorman?

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Product ID: 406615
Published 2019
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