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OnDemand Course

Transferring Medical Records Between Providers

Stay compliant when transferring medical records.

Health care providers must navigate 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 de-mands 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 when they occur. It is imperative to recognize the duties involved with maintaining medical records and the repercussions if those duties are not met.

71 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 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 of Transfer
  • 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on March 14, 2023.

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

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 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 1.2
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 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 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • MO CLE 1.3
     
  • 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 1.2
     
  • 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: 70 Minutes.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • OH CLE 1.25
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.25 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 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 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     

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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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
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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 410466
Published 2023
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