Powers of Attorney: Medical Records Release Concerns

Training Provided by Lorman Education Services nImprovements in information technology have led to increased availability of, and access to, personal heath information. Each day, personal health information is transmitted in various forms between hospitals, doctors, attorneys, insurance companies, patients and their families. It is important that this information be protected and only accessible to individuals with the proper authority. In 1996, the federal government helped to protect personal health information by enacting the Health Insurance Portability and Accountability Act. Individuals can also protect the information contained in their medical records by drafting a power of attorney, which grants certain individuals the right to obtain and view the individual's medical records. This teleconference will educate you on how to identify a valid power of attorney and determine whether PHI should be disclosed. This teleconference also explains the HIPAA privacy provisions and how those provisions affect powers of attorney. In addition to powers of attorney, there are other legal documents that allow access to PHI, such as health care proxies and subpoenas. It is crucial that the persons presented with these documents understand the difference between them and the authorities granted by each. This teleconference will also explain the litigation exception to HIPAA, which makes PHI accessible under certain circumstances. This workshop is critical for you to ensure that you know which documents may permit disclosure of PHI and understand how to evaluate a request for disclosure when you receive such a document.

Powers of Attorney: Medical Records Release Concerns Agenda

1. Powers of Attorney
1. What Is Covered in a Valid Power of Attorney?
2. Legal Authority Granted by a Power of Attorney
3. Challenges to Powers of Attorney
2. Health Care Proxies
1. What Is Covered in a Valid Health Care Proxy?
2. What Is the Authority Granted by a Health Care Proxy?
3. How Is a Health Care Proxy Different From a Power of Attorney?
4. Challenges to Health Care Proxies
3. Subpoenas
1. What Is a Valid Subpoena?
2. Subpoenas and Electronic Medical Records
3. Challenges to Subpoenas
4. HIPAA
1. Discussion of HIPAA Privacy Provisions
2. Interrelationship of HIPAA, Powers of Attorney, Health Care Proxies and Subpoenas
3. Litigation Exception to HIPAA

About The Training Provider: Lorman Education Services

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