Understand the legal concepts applicable to medical records management, storage, and destruction.
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 hardships is a priority. This topic 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 and privacy concerns evolve and are enhanced by federal and state law and regulatory changes, the ability to manage records while being sensitive to the implications of the web of issues related to the same. This overview is intended to provide a general familiarization with the growing 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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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
The Medical Record - It Is More Than the Chart!
- So What Is the Medical Record?
- Understanding the Challenge
- The Hard Copy
- The Electronic Record - EMR/HER/PMR
- The Marriage of Hard Copy and E-Records and Managing and Archiving Them
- The Record Custodian
Record Retention - the Basics
- Legal Requirements - HIPAA/Statutory/Contractual
- New and Current
- Inactive
- Old
- Professional Guidance
- Special Circumstances: Minority, Incapacity, Litigation
Maintaining Record Privacy and Compliance
- HIPAA
- HITECH
- Omnibus Rule
- The Exposure Potential
Enter the 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 and Closing the Practice
Finally, Time to Destroy the Records
- Time
- Notice
- How to Destroy
- What to Destroy
- Malpractice Considerations
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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
This course was last revised on August 18, 2021.
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 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- 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: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- 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: 89 Minutes.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 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 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- 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
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- NJ CLE 1.8
- VT CLE 1.5
- WA 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 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
Scott R. Cook
Tyson & Mendes LLP
- Partner at Tyson & Mendes LLP’s Las Vegas office
- Experience includes all aspects of general liability, complex and mass tort litigation, insurance, health care, 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
- Has managed litigation for a multi-state insurance carrier and was a managing partner for a national law firm
- 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, 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
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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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