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Staying Compliant While Granting Access of Medical Records to Patient's Family and Caregivers

Stay compliant when handling medical records and granting access to family members of a patient.

Health care providers, insurers, and their business partners and vendors must navigate through a myriad of laws, rules and regulations that impact their duties pertaining to custodianship, retention, transfers, and other treatment of medical records. Failure to appropriately adhere to regulatory requirements related to the release of medical records can have material and adverse implications for providers and practices. Additionally, the release of medical records is significant for patients, their family members, and others (including police and other public health and safety officials) seeking to access medical records, and to patients seeking to prevent access by others. Providers must navigate various legal requirements in order to permissibly address and satisfy patients' rights and third-party requests. This topic will provide an analysis of how a provider may appropriately plan for, coordinate, and address the appropriate release of (or refusal to release) medical records in various instances. It will address common conflicts that arise in this process and how to respond to such when they occur. It is imperative to recognize the duties involved with maintaining medical records and the repercussions if those duties are not met.

101 minutes
Course Exam
Certificate of Completion
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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

Introduction

  • What Constitutes a Medical Record?
  • Custodianship Requirements Rights of Access to Medical Records

HIPAA, Confidentiality and Patient's Rights

  • Federal and State HIPAA and Confidentiality Requirements
  • Consequences of Violation of Federal and State Law
  • Medical Board and Other Professional Licensing Agency Rules

Legal Compliance in the Handling of Medical Records

  • Receipt and Retention of Medical Records
  • Securing and Encrypting Medical Records
  • Granting Access to Medical Records
    • To Patients
    • To Personal Representatives
    • To Other Family and Friends
    • To Police, Public Health Officials, Others
  • When Access Can Be Refused

Conclusion

  • Best Practices in Handling Medical Records
  • Understanding the Key Legal Requirements for Who Can Access Medical Records
  • 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

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.

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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

Jeffery P. Drummond

Jeffery P. Drummond

Jackson Walker L.L.P.

  • Partner in the healthcare section of Jackson Walker L.L.P.
  • Represents hospitals, physicians and physician groups, other healthcare providers, and healthcare technology companies
  • Regularly advises clients regarding compliance with healthcare, 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
Taylor McDowell

Taylor McDowell

Jackson Walker L.L.P.

  • Associate in the health care section of Jackson Walker L.L.P. (Austin, Texas office)
  • Represents hospitals, physicians and physician groups, and other health care providers
  • Regularly advises clients regarding compliance with health care, telemedicine, and other corporate and transactional laws and regulations
  • Author of numerous law review articles, including publication with the Georgetown Journal of Law & Public Policy, the Harvard Journal of Sports & Entertainment Law, and the Virginia Environmental Law Journal
  • Co-author of online article concerning health care and telemedicine implications during the COVID-19 pandemic
  • Co-presenter of Lorman Webinar “The Most Common Legal Mistakes Made When Handling Medical Records and How to Avoid Them”
  • Member of the Board of Directors of El Buen Samaritano Episcopal Mission, the Abundant Life Foundation, and the St. David’s Episcopal Day School
  • J.D. degree, University of Virginia; B.S. degree, Georgia Institute of Technology
  • Can be contacted at 512-236-2225 or [email protected]
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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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 407265
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