Part 1: Critical Analysis of the Law
Discuss and evaluate medical record release requirements in litigation When should medical records be released?
Describe privileges and immunities that would protect records from release (one of each).
Describe how the medical record can be used as evidence and what information would be admissible.
Evaluate whether a medical record release in response to a medical record request of subpoena violates HIPAA.
Discuss HIPAA requirements for e-mail and texting. What management actions would you take to ensure compliance with HIPAA e-mail and text requirements?
Evaluate the relationship of a medical record retention policy, record destruction policies, and a litigation hold.
How does the litigation hold impact the other policies?
How can medical records, medical record retention and destruction, and medical record release policies be used as a compliance tool?
Review and discuss the legal and other risks described in The Tracks We Leave: Chapter 9 Information Technology Setback: Heartland Health care System. How could strong (1) medical record policies and procedures and (2) in-house legal counsel services prevent the situation described in Chapter 9? Evaluate how the (3) AHIMA Code of Ethics and guidelines would apply to this situation. Be specific and demonstrate understanding of the risks and how the compliance tool can be used specifically to control the risks.
Part 2: Strategic Compliance with the Law
You work for a large managed care organization (MCO) that includes 5 hospitals, 25 providers clinics, 1 health insurance company, and 10 pharmacies. The MCO is using electronic health records (EHR). Your organization is not using 2015 CEHRT.
Your organization has received a large e-discovery request and you are required to respond within 30 days. Some of the records requested are held by your business associate – a pharmaceutical that runs an asthma disease management program for your program. The business associate agreement meets HIPAA requirements and requires the pharmaceutical to comply with any discovery requests.
Discuss and evaluate what you need to do to respond to the e-discovery request. How does it apply to this scenario? Be sure to include the following.
Describe how you will identify privileged medical records and remove them from discovery disclosure.
Identify records subject to peer review immunity and remove them from discovery disclosure
Compare and contrast a 502D court order and 502E contract waiver to protect privilege if there is an inadvertent disclosure.
Which would you recommend and why?
What actions would you take to bring your organization into compliance after an inadvertent disclosure of data in discovery?
