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OnDemand Course

Medical Record Ownership: Do you Know Who Can Stake Claim?

Do you know who owns the medical record? Learn who has the rights to data so you can avoid legal issues associated with protected health information.

Medical records are currently a primary target of hackers. This clearly indicates the ultimate value that medical records hold. However that begs an introductory question, who owns those records in the first place? The physician, hospital, or other health care provider who compiles the medical records has a clear claim to the records, but so does the patient who is the subject of the information. There's also the distinction between the physical records, be they paper or electronic, and the information contained in the records; while the records may need to be reproduced, at some cost, to be possessed by a second party, the information can be possessed by multiple persons, and each new holder of the information does not diminish the ability of the earlier holders to retain the data. There's also the issue of rights, such as the right to access or amend the records that fall short of outright ownership. This topic will analyze how these various concepts and structures impact the ultimate question of who owns or has rights in medical records or the data contained therein. The topic will highlight the likely areas conflicts regarding ownership of medical records are likely to occur, and the legal and regulatory underpinnings of competing claims to the records.

61 minutes
Certificate of Completion
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Why Lorman?

Over 35 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

What Is a Medical Record?

  • Statutory Requirements
  • Quasi-Medical and Non-Medical Information in Records
  • Genomic and Big Data Information

Physical Records vs. Data/Information

  • Nature of Data as Fully Replicable

Competing Ownership Claims

  • Provider vs. Patient
  • Hospital vs. Physician/Other Provider
  • Employed Physicians vs. Employer Practice

Rights Short of Full Ownership

  • Right to Monetize (Use, Exploit, Sell, Patent, etc.)
  • Standard HIPAA Rights: Access, Restrict, Amend, Accounting
  • Right to Be Notified of Breach
  • Right to Privacy/Security Generally
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Why Lorman?

Over 35 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 April 25, 2019.

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

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • IN CLE 1.0
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.0 hours of Distance Education credit.
     
  • MO CLE 1.2
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • 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.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     

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 35 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 health care section of Jackson Walker L.L.P.
  • Represents hospitals, physicians and physician groups, other health care providers, and health care technology companies
  • 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
  • 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 35 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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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 405964
Published 2019
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