As the demand for both access to and confidentiality of medical record information grows, how does the health care provider balance the competing, often clashing, interests? The laws relating to medical recordkeeping and access have been dynamically evolving in recent years.
This program will discuss these changes, with particular emphasis on recent changes in the law for AIDS records, as well as the legal requirements for complying with subpoenas. The faculty includes experienced health care attorneys who regularly advise individual and institutional providers about medical record issues. They will emphasize practical approaches and practical solutions to the growing problems in this area and will include advice on recordkeeping itself in light of the myriad of 'outsiders' who may someday be reviewing your records.
- Guidelines for medical record contents
- Facility records
- Disclosure without subpoena - the Patient Health Records Privacy Act
- Release pursuant to subpoena
- Reasonable fees
- Special reporting and confidentiality concerns
- The attendee will be able to identify confidentiality issues with special medical records.
- The attendee will be able to restate circumstances surrounding consents and advance directives.
- The attendee will be able to review confidentiality in the context of managed care/insurance.
9:00 a.m. - 12:00 p.m. (Break 10:30 a.m. - 10:45 a.m.)
I. Guidelines For Medical Record Contents
A. Definition And Purpose Of The Medical Record
B. Essential And Recommended Patient Record Elements
C. Documentation Guidelines
D. Record Storage
E. Record Retention
II. Facility Records
A. Hospital Records
B. Nursing Home Records
III. Disclosure Without Subpoena The Patient Health Records Privacy Act
B. Disclosure Of Patient Records
C. How Requests For Copies Of Medical Records Are To Be Made
D. Time Period For Responding
E. Declining To Provide Records Based On Potential Injury To Patient
F. Statutory Suggested Consent Form
IV. Release Pursuant To Subpoena
A. Court Subpoena In Civil Cases Subpoena Duces Tecum
B. Producing The Records Pursuant To Subpoena
C. Potential Problem Areas
D. Motion To Quash
E. Independent Medical Examinations In Civil Cases
F. Criminal Cases
G. Workers' Compensation Cases
H. Oral Communications With Attorneys
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 4:30 p.m. (Break 2:30 p.m. - 2:45 p.m.)
B. Release Of Protected Health Information
C. Amendments To Protected Health Information
D. Accounting Of Disclosures
F. Security Rule Effective Date April 21, 2005
VI. Reasonable Fees
A. Patients And Attorneys
VII. Special Reporting And Confidentiality Concerns
A. Liability For Disclosure
B. Statutory Reporting Requirements
C. Governmental Agencies