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Transferring Medical Records Between Providers

Stay compliant when transferring medical records.

Health care providers must navigate through a myriad of laws, rules and regulations that impact their duties pertaining to custodianship, retention, and transfer of medical records. While the provider deals with retention and custodianship requirements on a daily basis, understanding the implications of a wrongful transfer of medical records may not be as common. These issues are especially important in dealing not just with the patient and their request for transfer of medical records but when dealing with third parties who may require them. These instances can include providers sharing records in a shared patient situation or a formal health information exchange, another provider assuming custody and control of the medical records in lieu of the retirement of a provider or the closing of a health care entity, due diligence issues when a provider is a party to a business transaction or how to respond to audits or other demands from governmental and payor parties. This topic will provide an analysis of how a provider may appropriately plan for, coordinate and transfer medical records in various instances. It will address common mishaps 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.

Runtime: 89 minutes
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Why Lorman?

Over 33 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 Including Retention Periods
  • What Can Go Wrong When Transferring Medical Records

HIPAA, Confidentiality and Patient's Rights

  • Federal and State HIPAA Requirements
  • Other Federal and State Confidentiality Requirements
  • Consequences of Violation of Federal and State Law

Analysis of How to Handle Medical Record Transfer in Common Situations

  • Shared EMR and HIE Arrangements
  • Sale or Closure of a Health Care Provider
  • Due Diligence in Transactions Involving Health Care Providers
  • Responding to Governmental and Payor Audits and Subpoenas

Conclusion

  • Best Practices in Preparing for and Transferring Medical Records
  • Understanding the Limitations on Transfer
  • Final Recommendations
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Why Lorman?

Over 33 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 Webinar

This course was last revised on December 16, 2019.

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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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 33 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, and other health care providers
  • 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
  • Maintained a blog on HIPAA and other medical records matters since 2002 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 214-953-6000 or [email protected]
Patrick D. Souter

Patrick D. Souter

Gray Reed & McGraw LLP

  • Of Counsel in the health care section of Gray Reed & McGraw LLP
  • Represents physician and physician groups, hospitals and ancillary health care providers providing in the facility, physician group and mobile delivery setting
  • Frequent speaker on operational issues encountered by health care providers such as fraud and abuse issues, including federal Stark Law, Anti-Kickback, False Claims and Travel Act statutes and similarly applied state laws, payor disputes including payor appeals and compliance matters
  • Author of numerous articles involving health care legal matters and co-author of Representing Physicians, 4th Ed., Physician Law Evolving Trends and Hot Topics (2017- 2019 Editions) and What is … Medical Staff Peer Review?
  • Adjunct Professor of health care studies, Baylor University School of Law and Baylor University, Hankamer School of Business Robbins Institute of Health Policy and Leadership
  • L.L.M. degree in health law, Hofstra University; J.D. degree, Baylor University; M.B.A. degree in health services management, University of Dallas; B.B.A. degree in finance, Baylor University
  • Can be contacted at 214-954-4135 or [email protected]
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Product ID: 406772
Published 2019
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