HIPAA & Privacy Act Training
OVERVIEW
This HIPAA & Privacy Act Training covers confidentialitybeyond the privacy and other protections required by HIPAA. An in-depth
overview of medical records keeping starts this webinar examining the state law
sources and even contractual requirements of medical record keeping.
The webinar proceeds to review exceptions to confidentiality
that is most frequently encountered by mental health professionals who practice
in a high-risk setting where the consequences of a misstep can be very high.
For many years now, HIPAA has provided a federal right to
privacy for patient medical records, including mental health records.
However, fearing issues not with federal mandates but with state laws,
the mental health care practitioner must know and comply with individual state
laws and ethics governing the confidentiality of client information in the
context of a doctor-patient relationship. This is apart and beyond the technical
components of HIPAA.
HIPAA has standardized office medical record keeping, releases,
and professional communications with third parties. But how is client
confidentiality addressed beyond mere record keeping? Competing interests
and privacy mandates create tension with these differing mandates.
Mere compliance with HIPAA allows risk the practitioner is
HIPAA-compliant but liable to other confidentiality issues. Not only do
state laws and codes of ethics 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, such as,
a duty to warn of impending harm or a duty to report suspected child abuse or
neglect. Such duties to act do not require the permission of the client,
or even the notification to the client, that information about them is being
disclosed and reported. This uncertainty exists at a time when the
practitioner is most vulnerable - when the practitioner must decide whether and
how to act.
Doubtful conduct by practitioners will be examined to their
detriment by patients suing for malpractice and licensure boards investigating
breaches of confidentiality. This seminar will first review the
standardized HIPAA requirements for patient medical records. From that
perspective, the seminar will answer the issues presented by expanding to
review state laws on patient confidentiality, evidentiary privileges, and
exceptions mandated by law.
Erase the uncertainty of situations where multiple sources of
client confidentiality conflicts that govern the secrets held in confidence by
mental health practitioners – beyond HIPAA.
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| HIPAA Compliance Training |
WHY SHOULD YOU ATTEND
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.
Practitioners fear not complying with different, but similar, medical records
keeping requirements.
Does having digital records require records to be kept
indefinitely, or does it simply allow it? Uncertain state laws apply
unique requirements to digital records and communications.
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.
Erases uncertainty and doubt by knowing state law exceptions to
maintaining this confidentiality where state laws may merely allow a breach of
confidentiality or may indeed mandate it.
AREAS COVERED
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.
Know the most common exceptions to confidentiality where a law
may allow a practitioner to breach confidentiality or may mandate the specific
breach of confidentiality.
LEARNING OBJECTIVES
- 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
- Exceptions to confidentiality that may merely allow a
breach of confidentiality or my indeed mandate a breach.
WHO WILL BENEFIT
Individual health care practitioners; health care attorneys;
teachers and educators in graduate-level medical education across the many
health care professions; corporate counsel in health care.
For more detail please click on this below link:
Email: support@trainingdoyens.com
Toll Free: +1-888-300-8494
Tel: +1-720-996-1616
Fax: +1-888-909-1882
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