Daphne L. Kackloudis is a member of the firm, she heads BMD Columbus’ health care practice, and she chairs BMD’s Empowerment and Opportunity (DE&I) Committee. Daphne’s success –and that of her clients – is rooted in the nexus between traditional health care legal services and health care public policy. She has broad and deep experience in health care operations, service delivery, payment systems, and compliance, as well as Medicaid, public policy, and government affairs. Daphne advises health care trade associations and health care providers as outside counsel and in-house as a member of her clients’ senior leadership teams.
3 Part Series: Steer Clear of Patient Medical Records Errors, Penalties & Lawsuits
Managing patient medical records is a financial and legal minefield. All it takes is a simple mistake, and you can be hit with a lawsuit and penalties that can be a nightmare for your practice.
Bottomline, there are a million ways to get it wrong. However, if you can get a handle on the top three risk areas when managing your patient medical records, you can considerably reduce your exposure. The top three risk areas include the retention/destruction of records, responding to requests for patient information, and charging for providing access.
The good news is that healthcare attorneys Daphne Kackloudis, Esq., Ashley Watson, Esq., Lester J. Perling, JD, MHA, and CHC Laura Fryan, JD, can provide you with step-by-step advice to help you avoid these common patient medical records pitfalls in this new 3-Part Online Training Bundle.
Each one of these 60-minute online trainings will walk you through how to avoid these common and disastrous legal/financial patient medical records errors:
- Avoid Medical Record Destruction Mistakes and $50,000 Fines
- Stop Costly Legal Errors When Responding to Medical Record Requests
- Prevent $85,000 Penalty, Comply with Medical Records Fees Rule
For a limited time, you can access this training bundle at a 15% Discount – compared to each individual session. Check out the reviews below from other practices that have already benefited from these trainings. Don’t wait. Reserve your access today
SAVE 15% INSTANTLY!
Order your 3-Part series in the next 5 days, and you’ll save an additional 15% off the total cost. Discount is already reflected. No code is necessary. Or, if you prefer, you can order each session individually at the regular rate. ORDER TODAY!
PART 1: Avoid Medical Record Destruction Mistakes and $50,000 Fines
Choose the On-Demand Recording or CD-Rom to Watch at Your Convenience.
Fail to comply with the 2023 medical records destruction rules, and you’ll lose up to $50,000 per penalty.
To make matters more complicated, the Supreme Court clarified the False Claims Act statute of limitations (including that you must keep records for 10 years versus 6 years) – unless your state law requires longer. This means you must change how you maintain, store, and destroy your patient records to avoid violation and hefty HIPAA penalties. And your paper, electronic, and digital files are equally at risk.
That’s where healthcare attorneys Daphne Kackloudis, JD, and Ashley Watson, JD, can help. During their 60-minute online training session, they’ll walk you through the recent medical records destruction and retention regulation changes you must comply with. You’ll get a plain-English breakdown of precisely how to comply to avoid violations and massive penalties.
Here are just some of the practical medical records destruction and retention strategies you’ll receive by attending this essential, 60-minute online training:
- Plain-English breakdown of Supreme Court ruling clarifying False Claims Act statute of limitations
- Prevent patient complaints on patient records retention (the #3 reason for violations)
- Avoid added fines when you mail lab and other PHI, determine what actions you must take before and after
- Take these practice-protecting steps to update your medical records destruction plan and policy
- Identify best practices for storage of records – digital and physical
- Prevent getting into trouble for destroying a credit card record too quickly
- How to handle records that are accidentally destroyed or lost due to acts of nature
- Institute reminder policies to destroy records only when you should
- Checklist identifies often missed PHI – no-show patient records, emails, attorney requests, and more
- State vs. Federal requirements. Find out simple ways to comply
- Resist breaking destruction requirements from tricky-to-handle pictures sent via text
- Pin down exactly what medical records pieces HIPAA requires you to retain and destroy on time
- Documentation essentials for medical records destruction that will keep you out of hot water
- Stop violations for destroying hidden PHI such as x-rays and scans too soon
- Understand when and how to destroy waiting room documents such as sign-in logs and video recordings
- And so much more …
PART 2: Stop Costly Legal Errors When Responding to Medical Record Requests
Choose the On-Demand Recording or CD-Rom to Watch at Your Convenience
Knowing when, how and to whom you authorize the release of medical records is like playing roulette. All it takes is one wrong decision or an innocent mistake to expose your practice to traumatic legal charges and expensive penalties.
Making things even more confusing, requests for medical records come from various sources: patients, attorneys, the courts, custodial and noncustodial parents, schools, family members, other medical practices, caregivers, payers, hospitals, etc. Each request source presents its own rules, and you are REQUIRED to comply with the nuances of each one.
The good news is that you can significantly reduce your legal and financial risk related to when, how, and to whom you authorize the release of medical records. Healthcare attorney Lester J. Perling, JD, MHA, CHC, is presenting a 60-minute online training session that will walk you through exactly how to protect yourself, your staff, and your practice from the most common and risky mistakes related to releasing your patients’ medical records.
Here are just a few of the expert strategies you’ll receive during this online training that will help you avoid the financial and legal consequences of the incorrect release of medical records:
- Discern the proper amount of patient information to disclose in response to legal requests
- Prevent releasing patient information beyond the scope of the request
- Avert trouble by responding to a document subpoena too quickly
- Negotiate the timing and scope of your records release to head off added liability
- Avoid front-desk release of information mistakes that drive up risk
- Know your rights subpoena, civil investigative demand, or audit request for records
- Pin down when you should call your attorney -– and when you can handle it alone
- Balance requirements of subpoenas and legal notices with patient privacy laws
- Don’t be fooled into releasing records just because an attorney makes a request
- Stop unpreparedness legal headaches for the next inevitable subpoena request
- Differentiate between a judge’s subpoena and a records request—and correctly respond
- Satisfy medical record requests without disclosing too much patient information
- Head off missed deadlines and added fines without causing early response problems
- Determine precisely when you need patient consent to respond to a records request
- Identify which records you should never release, even with a subpoena
- And so much more…
PART 3: Stop $85,000 Penalty, Comply with Medical Records Fees Rule
Choose the On-Demand Recording or CD-Rom to Watch at Your Convenience.
Charging for medical records requests can now end up costing you money – if you bill the wrong amount.
Failure to comply with new CMS regulations for charging for medical records means your practice can be hit with an $85,000 fine per penalty. Even innocent mistakes can land you in serious hot water.
IMPORTANT: New CMS regulations were released right when COVID-19 started. CMS has made it clear that not knowing about the rule is not a defense against noncompliance fines.
This is where healthcare attorney, Laura F. Fryan, JD, can help. During her 60-minute online training session, she’ll show you exactly how to know who you can charge for copying medical records requests, how much the new regulations allow you to charge, and what you can include (or exclude) in those fees, so you stop a HIPAA probe before it starts.
Here are just some of the charging for medical records questions you’ll get answered by attending this expert-led, 60-minute online training:
- How should you adjust your charges to meet new CMS allowances?
- What fees are appropriate for attorney or third-party info requests, and can you charge more?
- How can your staff respond in a proven way that stops complaints from happening?
- What if the patient can’t afford the fees you’ve set?
- Can you charge more for requests from doctors, and for what reasons?
- How can you get paid for the additional time that archived information takes to compile?
- Which requested formats (CD, thumb drive, paper, etc.) are you required to honor?
- Do you need different forms per record requestee type?
- How do you educate staff to ensure the right fee limit is applied every time?
- Can you charge for data verification and search costs if your state allows it?
- What can you include in your “real costs” for medical records duplication?
- How much time can your record production process take and still avoid a HIPAA fine?
- What patient records (X-rays, etc.) are you required to provide when outside providers produce them?
- How can you be compensated when a patient wants his or her medical records mailed?
- What personal health information (PHI) should you omit as part of your “medical record” definition?
- When to comply with HIPAA vs state laws of fees for copies?
- Are there instances when you can refuse a medical records request?
- How do patient portals and electronic medical records affect you complying with patient requests?
- And much more …
Past Webinar Reviews:
“Thorough coverage of issues and responses to medical records requests from agencies; the personal examples are always helpful in making the information relatable.”
– April Crago, Rural Health Care, Inc.
“Very well prepared, provided useful slides and was well spoken. Great webinar!”
– Angela Gadd, Rural Health Care, Inc
“It was very informative and a lot of my questions regarding our legal documents were answered. The presentation was great!”
– Sheila Parker, One HomeCare Solutions
100% Satisfaction Guaranteed or a Full Refund.
Meet Your Experts
Ashley is a healthcare attorney in BMD’s Columbus office. She works with nonprofit and for-profit health care providers, health care trade associations, individuals, and businesses. Ashley is experienced in healthcare public policy and regulatory compliance, legislative and government affairs, grant administration, and healthcare program operations.
Before practicing law, Lester worked for 10 years as a Hospital COO/CEO giving him a unique perspective when helping his healthcare clients. He is certified in Health Care compliance and Board Certified in Health Law by The Florida Bar. Lester has 27 years of practicing health law and white collar civil and criminal fraud defense, and he has helped clients of all types respond to hundreds of audit requests, subpoenas, and other healthcare legal processes
Laura is a partner with Brouse McDowell law firm. As a healthcare attorney, she provides strategic guidance and legal advice on a variety of topics including HIPAA, Stark and Anti-Kickback compliance, vendor agreements, employment contracts, overpayment audits, government investigations, private/government payer reimbursement, and state/federal licensing.
Laura also facilitates transactions for her healthcare clients including joint ventures, leasing of physician practices, buying and selling physician groups, and other health care related entities. Her clients include physician practices, hospitals, home health agencies, ambulatory surgery centers, assisted living facilities, dialysis companies and health plans.