PPV: Manage subpoenas with a clear legal record definition
HIM Connection, August 14, 2007
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As providers replace traditional paper records with EDMS, many privacy officials are consulting with legal counsel to make certain they'll be prepared in case they ever receive a subpoena for a patient's medical record.
It's a bit unclear what providers need to supply if they ever face a subpoena, especially considering that many providers have destroyed patients' paper records after scanning them into their EDMS. Answering legal health record questions isn't easy, and rules can vary from one state to the next and from provider to provider. Health information management experts agree that you should first examine state and federal laws for guidance, then develop and consistently follow your own policies.
Even though it's up to the provider to determine their own definition, there are several aspects of HIPAA that you can't ignore.
Editor's note: For more information on HIPAA and the legal health record, click here. Subscribers to Health Information Compliance Insider can read the full article in the August 2007 issue. You can also purchase this article for $10.
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