Staying Compliant While Granting Access of Medical Records to Patients Family and Caregivers

$149.00

SKU: 411472

Description

This presentation is crucial in understanding the various requirements and landmines that must be recognized to ensure compliance with the law.
There are numerous federal and state laws, rules and regulations governing the receipt, retention and disclosure of Medical Records that must be met by those who possess or maintain such records. These obligations apply whether the custodian is a medical provider, healthcare facility, an insurer, a third party that assists with healthcare services and benefits or in an educational setting. The failure to fulfill these obligations may result in significant adverse implications for all involved. These repercussions include breach of confidentiality, privacy and security, along with a breach of fiduciary duty, that may result in significant damages, and governmental penalties. Therefore, it is imperative that those who are involved with Medical Records understand the scope of such legal authority. This presentation will identify the myriad of legal sources and their underlying rights, duties and obligations that must be analyzed to ensure legal compliance, especially when responding to a request by a patient, family member and caregiver for release of Medical Records. An overview of the differences of confidentiality, privacy security along with the authority granted to those who may serve as a healthcare surrogate will be addressed along with repercussions that may occur for failing to do so. Finally, best practices in responding to record requests will be discussed.

Date: 2024-08-06 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to define the Federal and State legal requirements as to the retention and disclosure of Medical Records.

* You will be able to describe the various rights afforded patients, their families and caregivers in accessing Medical Records.

* You will be able to identify the various legal standards one must comply with when receiving and disclosing Medical Records.

* You will be able to discuss best practices when addressing Medical Record requests from patients, family members and caregivers.

Overview of Applicable Areas of Law
• What Constitutes a Medical Record and Billing Record?
• Confidentiality Versus Privacy and Security
• Who Has Access to Medical Records?

HIPAA, Confidentiality and FERPA Rights, Duties and Obligations
• Federal and State HIPAA and Confidentiality Rules
• FERPA (Family Educational Rights and Privacy Act)
• Consequences and Penalties When Violating Federal and State Law

Uniform Health-Care Decisions Act
• Types of Advance Directives
• When Family Members, Caregivers and Other Third Parties May Access the Patient’s Medical Records
• When May (or Must) Access to Medical Records Be Refused

Consequences of Failing to Disclosure or Improper Disclosure of Medical Records
• Patient’s Rights
• Family and Caregiver’s Rights
• Federal and State Authorities’ Rights

Conclusion
• Best Practices in Handling Medical Records
• Recognizing Everyday Traps in Improper Disclosure
• Final Recommendations

ACHE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Patrick D. Souter-Gray Reed & McGraw LLP