As the demand for both access to and management of medical record information grows, how does the health care provider balance the competing, often clashing, interest? 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, as well as the legal requirements for complying with subpoenas. Emphasis will be on 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.
Whether you're new to the health care field or have been dealing with these issues for years, this program is for you. The laws have changed, the demands have changed and the solutions have changed.
- Receive an update on recent legislative changes regarding medical consents and advance directives
- Receive practical guidance on handling medical records, including a medical record retention chart consistent with laws and regulations
- Ensure your medical consent forms comply with Idaho laws, thereby protecting you and your practice from exposure to tort claims
- Understand the state and federal laws concerning advance directives
- Confirm your obligations to provide translated documents and interpreters under federal Limited English Proficiency standards
- Learn how to handle common problems that have arisen in the wake of HIPAA privacy rules and obtain helpful forms for authorizations, privacy notices and business associate contracts
- Understand the new HIPAA security rules that take effect in April 2005 and receive a checklist for compliance activities
- The attendee will be able to understand and apply state and federal laws governing medical records.
- The attendee will be able to understand and comply with Idaho laws governing valid medical consents and advance directives.
- The attendee will be able to understand and comply with federal laws governing Limited English Proficiency requirements.
- The attendee will be able to more effectively respond to problems that have arisen under the HIPAA privacy rules.
- The attendee will be be able to comply with the new HIPAA security rules.
9:00 a.m. - 9:45 a.m.
I. Overview And General Principles Of
A. Statutory, Regulatory And Accreditation Requirements
B. Ownership, Control And Outside Access To Records
C. Modification And Amendment Of Records
D. Retention And Destruction Of Records
9:45 a.m. - 10:45 a.m.
II. Obtaining And Documenting Valid
Medical Consents Under Idaho Law
A. Requirements For Valid Consents Under Idaho Law
B. Content Of Consent
C. Who May Obtain Consent
D. Documenting Consent
E. Common Consent Problems
1. Minor Consents
2. Incompetent Patients
3. Disagreements Among Parents Or Representatives
4. Consent When No One Else Is Around
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 11:30 a.m.
III. Advance Directives Under Federal
And State Law
A. Legal Requirements Concerning Advance Directives
1. Common Law
2. Conditions Of Participation/ Patient Bill Of Rights
3. Patient Self-Determination Act
B. Requirements For Valid Advance Directives
1. DNRs And Other Advance Directives
2. Living Wills
3. Durable Powers Of Attorney
11:30 a.m. - 12:00 p.m.
IV. Limited English Proficiency (LEP)
A. Application Of LEP Regulations To Various Health Care Providers
B. Requirements And Options Concerning Translation Of Documents
C. Requirements And Options Concerning Providing Interpreters
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
V. Confidentiality And Privacy
A. Legal Requirements
1. HIPAA Revisited
a. Use And Disclosure Rules
b. Patient Rights
c. Administrative Requirements
2. Medical Practices Act
3. Alcohol And Substance Abuse
4. Mental Health
5. Peer Review Records
B. Common Confidentiality And Disclosure Problems
1. Mandatory Disclosures And Reporting Under Idaho Law
2. Parental Access
3. Responding To Subpoenas And Law Enforcement
C. What To Do If You Have An Improper Disclosure
1. Mitigating Requirements
2. To Self-Report Or Not To Self- Report
3. Bringing In Business Associates
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:15 p.m.
VI. Security And Electronic Records
A. HIPAA Security Requirements
1. Implementation Suggestions For HIPAA Security Procrastinators
2. Policies, Procedures And Recordkeeping Requirements
3. Ongoing Security Compliance
B. General Concerns Regarding Electronic Records
4:15 p.m. - 4:30 p.m.
VII. Questions And Answers