Unique Situations Involving Disclosure of Minors’ Mental Health Records

Complex questions often arise regarding consent to treatment and confidentiality of mental health information for minors, especially when minors enter the dependency system. The fundamental rule is that parents or guardians are the primary consent holders outside the dependency system, and to some extent, inside the dependency system, until physical custody (through a court order) has removed the child from the parents.

As these complex questions of confidentiality of health information and record disclosures for minors is examined, health information professionals should also understand that entry into the dependency system does not automatically remove a parent’s right to consent to his/her child’s mental health care, but the juvenile court does have the authority to remove a parent’s right to consent to medical care once a minor is formally declared a dependent child.

This webinar will examine:

  • Consent for Care
    • Parents as primary consent holders
    • Minors, 12 years and older can consent for care;
    • Other categories of minors – emancipated, self-sufficient, married
    • When minor consents for care, minor can also sign authorization for disclosure of records.
  • Caregivers other than Parents/Legal Guardians
    • Qualified relatives
    • Foster parents
    • County Social Worker (CSW)

Speakers: Charles Onunkwo, MHA, RHIA  and Olga Birov, MS, RHIA, CCS, CHDA

Time to Clear the Confusion: Attorney Misuse of Patient-Directed Record Requests and How to Cope

Join this webinar and learn new strategies to combat plaintiff attorney misuse of patient-directed requests, including top-down awareness and education for compliance, risk management, finance and legal terms. Stand firm and be ready to engage with the OCR when attorney threats arrive.

This session uncovers the latest threat to HIM—attorney misuse of patient-directed medical record requests under HITECH. Discover:

  • Where we are and how we got there;
  • HIPAA, HITECH and OCR’s 2016 guidance—unravelling the confusion;
  • How plaintiff attorneys are misusing patient-directed requests;
  • What attorneys are being told and why;
  • Negative impacts to know—privacy, costs, OCR concerns;
  • Trends in HIM—volumes, patterns and how HIM teams are coping today; and
  • The national scene—what is being done to clear up the mess.

The presenters will define essential components of a fail-safe game plan to combat attorney maneuvering of patient-directed requests, including how to build an effective rebuttal process, engage patients in the conversation and successfully meet with the OCR. Additionally, recent national efforts, attorney tactics and HIM trends surrounding patient-directed requests, including quantified negative impacts on patient privacy and operational costs, will all be shared.

Speakers: Rita Bowen, MA, RHIA, CHPS, CHPC, SSGB and Danielle Wesley, Esq.

ROI: Back to the Basics

As Release of Information becomes more complex with new regulations and guidelines, questions surrounding appropriate policies, procedures and processes increase. This session will provide the latest information on Release of Information, including:

  • Release of Information Defined
  • ROI process:  The Aerial View
  • Laws Governing ROI
  • Legal Documents:  Subpoenas and Court Orders
  • Recommended Practices

Speaker: Angela Rose, MHA, RHIA, CHPS, FAHIMA

Legal Health Records 2020 Update

The legal health record is a term used in the health care industry defining the set of records used to respond to legal requests. These “record sets” are part of the overall structure of information governance and are impacted by changing laws, such as the California Consumer Protection Act (CCPA). This presentation will consist of a non-legalese discussion of legal requests and eDiscovery and provide solutions for handling such requests. Examples will include cataloging and inventorying through data management to allow faster and easier access to the information needed to respond to these requests. This presentation is not specific to detailed California state law, and will be more oriented towards impactful generalized rules, such as legal holds, subpoenas and court ordered activities to support eDiscovery.

Attendees will discover:

  • General structure and foundations of legal health records from a health care perspective;
  • How data management processes, such as data cataloging and inventorying support responding effectively and timely to legal requests for information; and
  • What is required to be proactively ready for unexpected legal requests.

Who Should Attend

Revenue Cycle Directors and Managers, HIM Directors and Managers, CDI Directors and Managers, CDI Specialists and Leaders, and CFOs. Professionals in inpatient and outpatient settings.

Speaker: Kelly McLendon, RHIA, CHPS