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
2-Part Series: Avoid Common Subpoena Response Errors
Subpoenas are never welcome documents at your medical practice. Especially considering that even a simple mistake in your subpoena response could land you in a never-ending maze of legal challenges.
Dealing with requests for your medical, HR or disability records can eat up hours of your time and cost you thousands if not handled correctly. Making the issue even murkier is that the rules are different depending on whether the request is coming from a federal, state or civil source.
The good news is that healthcare attorneys Lester J. Perling, JD, MHA and Marissel Descalzo, Esq., can help. As part of this new, 2-Part Online Subpoena Response Training Series, they’ll provide you with plain-English, step-by-step strategies to help you avoid the most common missteps related to a subpoena response.
Each of these online trainings will walk you through the essential tips you must know to avoid setting off a legal chain of events that could land your practice in hot water:
- Prevent Mistakes When Responding to Federal Subpoenas for Medical Records
- Non-Federal Subpoenas: Stop Response Errors and Legal Nightmares
Reserve your access to these essential trainings today.
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Order your 2-Part series in the next 5 days, and you’ll save an additional 10% 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: Prevent Mistakes When Responding to Federal Subpoenas for Medical Records
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 upcoming 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 2: Non-Federal Subpoenas: Stop Response Errors and Legal Nightmares
Choose the On-Demand Recording or CD-Rom to Watch at Your Convenience
Regardless of the reason, receiving a subpoena at your practice can make you immediately feel like you’re walking through a legal minefield.
Whether the subpoena is requesting medical records or some other information in your possession, the rules surrounding what you are and are not allowed to release can be confusing and difficult to navigate. To make these situations even more challenging, also consider the type of subpoena (federal, civil, state) to ensure your response is accurate. And civil subpoenas (or non-federal) can be some of the trickiest.
Even an innocent error when responding to a civil subpoena can result in critical legal and financial trouble for you and your practice. However, if you call your attorney every single time a subpoena arrives at your practice, you’d go broke. So, what are you supposed to do?
Fortunately, healthcare attorney Marissel Descalzo, Esq., is here to help. During her 75-minute online training, Marissel will provide you with step-by-step advice on how to respond to a non-federal subpoena correctly the first time. She’ll break down the most frequent mistakes practices make when responding to civil subpoenas and walk you through how to avoid them.
This expert-led online training will help prepare you and your staff for the next time a non-federal subpoena arrives at your door. Here are just a few of the actionable strategies you’ll receive by attending:
- Satisfy subpoena requests without sending too much information
- Identify when to wait for a court order responding right away
- Master mental health record requests, regardless of your specialty
- Safely send patient records for a minor; it’s harder than it sounds
- Differentiate the different types of subpoenas to determine your response
- Create a tracking system to make sure you respond to every essential deadline
- Prevent accidental information releases when talking to requesting parties
- Get response times extended, and learn when there is no chance
- Ace patient consent and notification rules to keep patients in the loop when required
- Pinpoint drug testing and rehab records you must never release
- Avoid issues related to Title 27 and criminal investigative divisions
- Avoid common subpoena response mistakes by mastering the alphabet soup of legal terms
- And much, 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!”
– Angelina 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
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Meet Your Experts
Marissel Descalzo focuses her legal practice on white-collar criminal litigation, government investigations, and compliance. Ms. Descalzo has participated in numerous trials to verdict. She handles criminal and civil matters of vital importance to clients’ businesses or their personal lives. Individuals and organizations accused of fraud and/or deceptive practices rely on Marissel’s extensive experience to assist and advise them on corporate governance and compliance matters, including in the area of anti-money laundering.
Ms. Descalzo regularly counsels companies from a variety of industries on the adoption and operation of their compliance programs and, in particular, assists companies in the health care industry and companies with overseas operations with internal investigations and ethics issues.