HIPAA Misconceptions

On-Demand Schedule Sun, November 29, 2020 - Sun, December 06, 2020
Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW20F0644

  • Understand the harm of making or failure to make a particular disclosure
  • Understand when state and other federal laws preempt (take precedence over) HIPAA re disclosure of health information
  • Understand when and what PHI may be disclosed to law enforcement
  • Understand the rules for disclosure to public health officials in an epidemic
  • Understand when PHI may be disclosed to prevent a serious and imminent harm to a named individual or the public
  • Understand when and what PHI may be disclosed to family members and others involved in an individual’s care
  • Understand when PHI may be disclosed to other clinicians without a signed consent
  • Understand what can be disclosed to the Press
  • Learn the methodology for determining whether HIPAA and other relevant laws permit a disclosure

Overview of the webinar

  • This 60-minute webinar on the misconceptions on what uses and disclosures are proper under the HIPAA Privacy Rule as amended by the HITECH Act and the Omnibus Rule will help attendee avoid making or failing to make disclosures that can result in medical errors, potential liability, and inefficiency
  • Even though HIPAA has been in effect, with modifications, for 20 years now, many covered entities still have misconceptions about what uses and disclosures the Privacy Rule permits or prohibits
  • These misconceptions can be harmful, particularly in these days of increased threats due to active shooters and the novel coronavirus
  • Particular problem areas include disclosures to law enforcement, to avert a serious and imminent threat, to family members, to other clinicians, and to the Press

Who should attend?

  • Privacy Officers
  • Security Officers
  • Compliance Officers
  • Medical Records Administrators
  • Health Information Management Directors
  • Office Managers
  • Heads of Practices
  • Healthcare in-House Counsel
  • HIPAA consultants

Why should you attend?

  • Failure to understand when a disclosure can properly be made, particularly in an emergency situation, can have horrible consequences.
  • A mental health client who said he was suicidal committed suicide when the psychologist failed to report it because he incorrectly believed that HIPAA would not let him
  • A nurse suffered serious identity theft damage because her organization didn’t know that you could report crime on the premises
  • Either because of ignorance or misunderstanding of the complicated HIPAA use and disclosure rules or out of fear of a HIPAA civil or criminal penalty, many providers do not make proper disclosures in emergency situations
  • And even in normal practice, failure to understand the disclosure rules can cause inefficiency, less-than-optimal care—and increased expense

Faculty - Mr. Jonathan P. Tomes

Jonathan P. Tomes is a national HIPAA compliance consultant and attorney admitted in Illinois, Missouri, Kansas, and Oklahoma who practices in Kansas City, Kansas, and the greater Kansas City area. After he had retired from the U.S. Army as a JAGC officer, having been a military judge (which taught him how to read and interpret government regulations) and having spent several years as a military intelligence officer (which taught him about gathering and using information), he taught law at IIT Chicago-Kent College of Law before he opened his own private law practice. Mr. Tomes is President of EMR Legal, a national HIPAA compliance consulting firm. EMR Legal has consulted and trained over 1,000 HIPAA clients since 1998, ranging from Federal, State and County governments to large hospitals to small practices. Jon is currently working on an online HIPAA training video and an online HIPAA risk assessment.

06-17-2020 - HIPAA Misconceptions.pdf
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