HIPAA's Patient Access Rights What Patients & Providers Need to Know
3 CE Credits/Hours - Online Course - $29.00
Developed by Bruce Borkosky, Psy.D.
This course fulfills the Law & Ethics requirements for psychologists, social workers, MFTs, and counselors in Florida.
Please consult with CE Broker re: how this course fulfills requirements specific to your profession.
This course is also offered as part of a HIPAA Compliance/Security & Privacy
Savings Package of 22 CE Credits.
This course includes materials consisting of:
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General Course Description
You've just received a patient request for release of records – should you release all, a portion of the records, or withhold them? Which law(s) should you follow - state, HIPAA, both? What if the request was a subpoena for records? This course reviews information regarding releasing records to patients; from history of access rights to pro and con arguments, as well as HIPAA regulations, how HIPAA fits with state laws, and practical advice for commonly-encountered situations.
This is an intermediate level course consisting of an article discussing HIPAA's patient access rights and a Resources page for further information and study. In addition, there is an article pertaining to Florida law regarding patient access.
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This course will teach psychotherapists to:
1. Explain three societal influences that led to the patient rights movement.
2. Identify 15 reasons why patients might want a copy of their records.
3. Recite the 6 non-appealable and 3 appealable reasons that records can be withheld.
Part 1 – Understanding the need for patient access rights
- What is patient access?
- The history of patient access rights
- Traditional Practice
- The ascendance of patient access rights
- The patient rights movement
- The enactment of HIPAA
- Post-HIPAA: A continuing struggle to assert patient rights
- Arguments pro and con
- Arguments against patient access
- Arguments for access
- Why would patients need or want access to their records?
- Why did HIPAA create a national access right?
- The general rule - patients have a right to view, copy, & amend their records
- How extensive is the problem of denial of patient access?
- In what ways do providers deny access?
- What are the effects of denying patient access to records?
Part 2 –HIPAA regulations regarding patient access and withholding records
- Should I follow my state's laws or HIPAA?
- When can a provider withhold records from patients?
- What fees can a provider charge for viewing or copying the records?
- What records are ‘super' confidential? Under what conditions can they be released?
- What is the HIPAA process for withholding a portion of the records?
- Are electronic records handled differently from paper records?
Part 3 – Common problems and practical advice
- What should I do when a colleague refuses to release records?
- What should I do when another provider refuses to release records?
- What should I do when State laws permit withholding of patient records?
- What should I do when State laws require withholding of patient records?
- What should I do when I receive a subpoena for records?
- What should I do when my doctor refuses to release my records?
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