Explore legal concepts of medical record management, from privacy to destruction, and adapt to evolving healthcare challenges.
Health care has changed and so has health record management. With considerations for the change from hard copy to electronic record, patient medical record privacy, security and management requirements and storage and destruction of records, identifying and protecting your organization from legal challenges is a priority. This presentation is intended to be a flyover discussion of the general legal concepts applicable to medical records management, storage, and destruction. Included in the overview of the record management discussion is consideration of what constitutes a medical record, the merger and management of hard copy and electronic records, privacy considerations, storage and management of the medical record, management of the record in special circumstances, applicable time limits, and oversight of record destruction. As the medical record world changes, legal obligations change, privacy concerns evolve, regulatory changes continue to occur and the ability to manage records while being sensitive to the new environment grows in importance. This overview is intended to provide a general familiarization with those growing challenges and the requirements for a well-run practice from the solo practitioner to the large institution and allow those responsible to identify areas where greater training and practice is needed.
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Over 39 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
The Medical Record - It Is More Than the Chart!
- So What Is the Medical Record?
- Understanding the Challenge
- Welcome to Where the Legal and Medical Worlds Meet
- The Hard Copy
- The Electronic Record - EMR/HER/ PMR
- Which Ones Are My Problem?
- Dissecting and Managing EMRs
- The Marriage of Hard Copy and E-Records and Managing, Dissecting and Archiving Them
- The Record Custodian
Record Retention - the Basics
- The Audit Trail-a Quick Primer
- Legal Requirements - HIPAA/ Statutory/Contractual
- New and Current
- Inactive
- Old
- Electronic
- Professional Guidance
- Special Circumstances: Considerations for Cases Involving Minority, Incapacity, and Litigation
Maintaining Record Privacy and the Requirements for Compliance
- HIPAA
- HITECH
- Omnibus Rule
- The Exposure Potential
Consideration in a New World: Vendor of Record Services
- Role of the Vendor
- Identifying the Role
- Indemnity, Indemnity, Indemnity
- Record Security and the Security Breach - You and Your Vendor
The Change of Status Considerations for the Practice
- Selling or Closing the Practice
Now It's Time to Dispose of or Destroy the Records
- Time
- Notice
- How to Destroy
- What to Destroy
- Malpractice Consideration
- Legal Exposure
Questions and Answers
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Why Lorman?
Over 39 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
This course was last revised on September 30, 2025.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 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 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.25
- This course has been approved for 1.25 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.25
- 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 1.25 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.25
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.25 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.
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.5
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.25
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
- NH MCLE 1.4
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 87 Minutes.
- NJ CLE 1.7
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.7 hours of total CLE credit.
- NM CLE 1.4
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.4 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- 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.
- TN CLE 1.45
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.45 hours of credit.
- VT CLE 1.25
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.25 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".
- WI CLE 1.5
- This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 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.
MP3 Download
- AK CLE 1.5
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- MO CLE 1.8
- NJ CLE 1.8
- NM CLE 1.5
- VT CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 39 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
Scott R. Cook
Cooper Levenson
- Medical and professional liability, multi district, catastrophic, and major litigation attorney at Dimopoulos Law Firm in Las Vegas, NV
- Experience includes all aspects of general liability, complex and mass tort litigation, insurance, health care, professional negligence, regulatory law, and business litigation
- Experience extends to catastrophic injury/damage, complex/mass litigation in tort, multistate litigation, environmental litigation, explosion/fire litigation, health care law, employer/employment law, and insurance law
- Background includes handling complex litigation in multiple states for clients and their insurance carriers, managing multi-state offices and serving both as a frequent lecturer and an expert witness
- Received awards from the Colorado Defense Lawyer’s Association, the Las Vegas Chamber of Commerce, the Self-Insurance Institute of America, the American Legal Administrators, and received the Legal Excellence Award from Fireman’s Fund Insurance Company
- Achieved the highest rating in the Martindale-Hubbell Law Directory, a Rocky Mountain Region Super Lawyer by Vegas Inc., a Top Lawyer by Desert Companion Top Lawyer – Complex Litigation, one of America’s Top 100 Civil Defense Litigators in Nevada, a Top Attorney of the Mountain States, America’s Top 100 Attorneys, and was recognized as a Lifetime Achievement Member by America’s Top 100 Attorneys
- J.D. Degree, University of Nebraska College of Law; B.A. Degree, in Political Science/International Relations, University of Nebraska – Lincoln
- Can be contacted at [email protected]
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Why Lorman?
Over 39 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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