Live Webinar

65-minute live streaming program
  • August 6
  • 1:00 - 2:05 pm EST

Also available as:

OnDemand Course

Staying Compliant While Granting Access of Medical Records to Patients Family and Caregivers

August 6

This presentation is crucial in understanding the various requirements and landmines that must be recognized to ensure compliance with the law.

There are numerous federal and state laws, rules and regulations governing the receipt, retention and disclosure of Medical Records that must be met by those who possess or maintain such records. These obligations apply whether the custodian is a medical provider, healthcare facility, an insurer, a third party that assists with healthcare services and benefits or in an educational setting. The failure to fulfill these obligations may result in significant adverse implications for all involved. These repercussions include breach of confidentiality, privacy and security, along with a breach of fiduciary duty, that may result in significant damages, and governmental penalties. Therefore, it is imperative that those who are involved with Medical Records understand the scope of such legal authority. This presentation will identify the myriad of legal sources and their underlying rights, duties and obligations that must be analyzed to ensure legal compliance, especially when responding to a request by a patient, family member and caregiver for release of Medical Records. An overview of the differences of confidentiality, privacy security along with the authority granted to those who may serve as a healthcare surrogate will be addressed along with repercussions that may occur for failing to do so. Finally, best practices in responding to record requests will be discussed.

Learning Objectives

  • You will be able to define the Federal and State legal requirements as to the retention and disclosure of Medical Records.
  • You will be able to describe the various rights afforded patients, their families and caregivers in accessing Medical Records.
  • You will be able to identify the various legal standards one must comply with when receiving and disclosing Medical Records.
  • You will be able to discuss best practices when addressing Medical Record requests from patients, family members and caregivers.

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Why Lorman?

Over 37 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

Overview of Applicable Areas of Law
  • What Constitutes a Medical Record and Billing Record?
  • Confidentiality Versus Privacy and Security
  • Who Has Access to Medical Records?
HIPAA, Confidentiality and FERPA Rights, Duties and Obligations
  • Federal and State HIPAA and Confidentiality Rules
  • FERPA (Family Educational Rights and Privacy Act)
  • Consequences and Penalties When Violating Federal and State Law
Uniform Health-Care Decisions Act
  • Types of Advance Directives
  • When Family Members, Caregivers and Other Third Parties May Access the Patient’s Medical Records
  • When May (or Must) Access to Medical Records Be Refused
Consequences of Failing to Disclosure or Improper Disclosure of Medical Records
  • Patient’s Rights
  • Family and Caregiver’s Rights
  • Federal and State Authorities’ Rights
Conclusion
  • Best Practices in Handling Medical Records
  • Recognizing Everyday Traps in Improper Disclosure
  • Final Recommendations
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Why Lorman?

Over 37 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

Live Webinar Registration

  • ACHE 1.0
     
  • The American College of Healthcare Executives no longer pre-approves courses or organizations. Participants in this program wishing to have the continuing education hours applied toward ACHE Qualified Education credit should indicate their attendance when submitting an application to the American College of Healthcare Executives for advancement or recertification. ACHE Qualified Education credit must be related to healthcare management (i.e., it cannot be clinical, inspirational, or specific to the sponsoring organization). It can be earned through educational programs conducted or sponsored by any organization qualified to provide educational programming in healthcare management. Programs may be sponsored by ACHE, chapters or other qualified sources, whether the programming is face-to-face or distance offerings (webinars, online seminars, self-study courses, etc.).
     
  • AHIMA 1.0 including Information Protection: Access, Disclosure, Privacy and Security 1
     
  • This program has been approved for 1.0 continuing education units for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA). Granting prior approval from AHIMA does not constitute endorsement of the program content or its program sponsor.
     

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

OnDemand Course

This course was last revised on December 10, 2020.

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

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

Who should attend?

This live webinar is designed for medical records professionals, coders, health information directors, billing managers, compliance officers, business and office managers, nurses, health care providers, clinic coordinators, and administrators.

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Why Lorman?

Over 37 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

Patrick D. Souter

Patrick D. Souter

Gray Reed & McGraw LLP

  • Of Counsel, Gray Reed & McGraw LLP
  • Representation of physicians, hospitals and ancillary providers in opera-tional, regulatory and administrative matters
  • Board Certified in Healthcare Law by the Texas Board of Legal Speciali-zation
  • Adjunct Professor of Healthcare Studies at Baylor University School of Law and the Baylor University Hankamer School of Business’ Robbins Institute for Health Policy and Leadership
  • Frequent speaker to national and local healthcare organizations on phy-sician, hospital and other provider issues
  • Recognized as a leading healthcare lawyer in Texas by Chambers & Partners USA (2020 - 2023) and selected by his peers for inclusion in Woodward/White, Inc.’s The Best Lawyers in America in the field of Health Care Law (2019 - 2023)
  • Frequent author of books and articles on various topics
  • LLM degree in Health Law from Hofstra University; JD degree from Baylor University School of Law, MBA degree, Health Services Management from the University of Dallas, BBA degree, in Finance from Baylor Uni-versity Hankamer School of Business
  • Can be contacted at [email protected] or (214) 954-4135
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Why Lorman?

Over 37 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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Product ID: 411472
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