How Long Should I Keep My Patients’ Medical Records? Disposition of Records and Records Retention for Medical Records, Including Electronic Records
Mark worked as the assigned counsel to numerous health professions licensure boards as an Assistant Attorney General for the Commonwealth of Kentucky. Moving to private practice, he now helps private clients in a wide variety of contexts who are professionally licensed.
Mark became interested in the law when he graduated with both Bachelor's and Master's degrees in Philosophy from Emory University in Atlanta. He then earned a Juris Doctorate from the University of Kentucky College of Law. In 1995, Mark became an Assistant Attorney General and focused in the area of administrative and professional law where he represented multiple boards as General Counsel and Prosecuting Attorney.
Mark is a frequent participant in continuing education and has been a presenter for over thirty national and state organizations and private companies, including webinars and in-person seminars. National and state organizations include the Kentucky Bar Association, the Kentucky Office of the Attorney General, and the National Attorneys General Training and Research Institute.
This webinar covers basic perspectives and reviews models of state-mandated record-keeping laws in professional regulation with an emphasis on the health care professions. This course also covers the difference in government regulation and private requirements for record-keeping.
While many people work in a health care setting, licensed professionals constitute a significant number – this includes physicians, nurses, physical therapists, respiratory care therapists, and others.
Each profession has differing requirements for record-keeping. 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. Special rules now exist regarding the confidentiality, security, retention, and disposition of electronic medical records.
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 will be examined. Government legal requirements for records content and retention are contrasted with private requirements, such as those required by private insurance companies for malpractice insurance for individual health care practitioners.
Finally, what happens to medical records when the health care practitioner leaves the practice or dies? An innovative and new concept in this webinar will show you how to set up records retention and transfer for the safe and secure handling of patient medical records – either through a group practice or individual practitioner – when an individual health care practitioner leaves the practice, is injured or ill, or dies.
This webinar covers information for the health care practitioner who enters data in and maintains medical records of all kinds. This webinar also applies to facilities which are required to maintain medical records. Facility directors and others who are responsible for medical records will learn from this webinar.
Disposition of Records and Records Retention for Medical Records, Including Electronic Records, covers basic perspectives and reviews models of state-mandated record-keeping laws in professional regulation with an emphasis on the health care professions. This course also covers the difference in government regulation and private requirements for record-keeping.
- To know sources of legal requirements for medical records retention
- To identify sources of contractual requirements for medical records retention
- To state what information is mandated to be in a specific health care practitioner’s medical record
- To understand facility rules as applied to the individual health care practitioner
- To update electronic records confidentiality, retention, and disposition
- To focus on professional wills and business succession plans for the health care practitioner to govern the retention of medical records, and;
- To grasp reasons for creating and implementing a medical records policy for the health care practitioner’s withdrawal from practice, incapacity, or death.
Course Level - Intermediate
Who Should Attend
- Office managers at medical offices
- Medical directors at health care facilities (hospitals, etc.)
- Directors of medical records departments at health care facilities
Why Should You Attend
Working in today’s diverse, fast-changing, multidisciplinary health care environment, record keeping varies greatly from health care professional to the health care professional.
In addition to 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.
The professional should attend to understand a broad perspective on the many sources of requirements for the retention and disposition of medical records across the spectrum of health care, both legal and private/contractual requirements.
One area covered specifically concerns electronic record such when mental health services are offered over the internet, 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 the sources of rules that govern the confidentiality, retention, and disposition of medical records, there are other sources of requirements for compliance with facility laws and contractual agreements.
In addition to state law requirements, 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.
Ten minutes will be reserved for Q and A at the end of the webinar, and e-mail questions may be submitted to the presenter.