Compliance with HIPAA intersects with state laws and codes of ethics which mandate confidentiality, but there are many state law exceptions recognized by HIPAA.  The exceptions sometimes allow and sometimes mandate what would otherwise be a confidentiality breach.

The sanctity of the doctor-patient relationship then moves to uncertain territory where client confidentiality meets a duty to act.

Course Objectives:

In the complex environment of a medical office or health care facility, with many different health care practitioners, individual practitioners and directors at those offices and facilities may be confused on how long to retain and whether to dispose of medical records.

Does having digital records require records to be kept indefinitely, or does it simply allow it?

Differing and even conflicting sources of requirements exist for the retention and disposition of medical records, which may vary based upon the specific health care practitioner.  With much of medical records moving to an electronic format, special rules now exist regarding the confidentiality, security, retention, and disposition of electronic medical records.

Once information has been recorded in the patient medical record, what rules apply to prevent release of private information beyond what is mandated by HIPAA?  Take a tour of the most common legal rules requiring patient confidentiality as an evidentiary privilege under state law.

Areas Covered in the Session:

• Sources of legal and contractual requirements for medical records retention;
• What information is mandated to be in a specific health care practitioner’s medical record;
• Electronic records confidentiality, retention, and disposition;
• State laws creating evidentiary privileges covering the doctor-patient relationship under applicable rules of evidence

Course Outline:

Learn to identify and apply differing and conflicting rules with respect to the specific health care practitioner, the specific health care facility practice, and the emerging rules and regulations for electronic medical records confidentiality, security, and disposition.

In addition to these clinical requirements of a specific profession, additional state laws set forth the content and retention of other types of records, other than clinical records of a patient, that are also kept by the professional, such as supervisory agreements with other professionals subordinate to them as well as their own unique record content requirements.

One area covered specifically about electronic record recognizes that while psychotherapy and mental health services are ideal treatments to offer over the internet, that is, by simultaneous audio-visual transmission between the doctor and the patient, the risks of breaches of confidentiality also vastly increase.  And when the successful doctor-patient relationship is over, how does the health care practitioner providing a mental health service dispose of these electronic records?

In addition to state law requirements for the specific retention and disposition of clinical medical records, how long should the health care practitioner retain records for the possible, future defense of a malpractice claim for negligent treatment?  Or to retain such medical records when the patient is a minor?  Or to defend a possible complaint and disciplinary action by a state regulatory agency which could revoke the professional license of the practitioner?

Finally, while HIPAA provides for broad protections of privacy, state laws govern the confidentiality of the information provided in the context of a doctor-patient relationship.  Tour the applicable evidentiary rules that cover confidentiality under state law.

What You Get:

• Training Materials
• Live Q&A Session with our Expert
• Participation Certificate
• Access to Signup Community (Optional)
• Reward Points

Who Will Benefit:

• Individual Mental Health Practitioners
• Psychologists
• Marriage and Family Therapists
• Professional Counsellors
• Social Workers
• Alcohol and Drug Counsellors
• Other Individual Health Care Practitioners
• Health Care Attorneys
• Corporate Counsel in Health Care
• University Faculty in allied health care
• Departments of psychology
• Counselling and social work