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Online Education for Release of Health Information in California
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The purpose of this educational module is to provide accurate and authoritative information on proper and adequate disclosure of health information. The California Health Information Association (CHIA) is not engaged in rendering legal services, and providing legal advice is beyond the scope and intent of the educational modules.
RELEASE OF PROTECTED INFORMATION TO ATTORNEYS, COURT ORDRES AND SUBPOENAS
Medical records play a very important part in lawsuits. Health information staff and custodians of records need to understand what is required when medical records are sought as evidence. Medical records can play a part in a malpractice lawsuit, an injury lawsuit, or a variety of other types of lawsuits.
This module will provide the student with basic information about how court systems work and the important role the medical record plays within the courts. The student will also learn the way attorneys may request information under California Evidence Code Section 1158. Lastly, the student will learn about court orders and subpoenas, and the requirements the custodian of records must follow to be compliant for civil, criminal, and administrative proceedings.
It is highly recommended that for students to be successful they take the ROI Introduction Module prior to other modules.
STUDENT LEARNING OUTCOMES AND OBJECTIVES
Upon completion of the CHIA Release of Information: Medical Records and the Court Systems module, students will be able to understand what roles medical records play within the legal system and what legal processes should be followed. These are important issues and the health information staff and custodians of records must understand the legal requirements in order to comply with the various types of requests for medical records that may be received by a health care provider.
MODULE OUTLINE
Medical Records and the Court Systems
Sources of law
Constitution
Statutes
Administrative Decisions and Regulations
Judicial Decisions
Medical records as evidence in courts
Testimony of the Custodian of Records
Custodian of Record Sample Testimony
Attorney Requests for medical records under California Evidence Code Section 1158
Authorization requirements
Time Allowance for providing medical records
Photocopier Access
Fees
Court orders and subpoenas
Court order
Mental health records
Substance use
Subpoenas
Service of Subpoena
Civil Subpoena
State Criminal Proceeding
Administrative Hearing Proceedings
Overview of Civil Subpoenas
Non-Deposition Subpoena
Deposition Subpoena
Deposition Subpoena for Production of Business Records
Deposition Subpoena for Personal Appearance and Production of Documents and Things
Notice to Patient
California Law
Components of a valid subpoena
Responding to a subpoena
Production for Inspection or Copying by Subpoenaing Part’s Attorney or Representative
Timely delivery
Fees
Deposition subpoenas
Non-deposition subpoenas
State Administrative Agency Subpoena
Investigatory Subpoena
Criminal Actions in State Courts
Subpoena
Search Warrant
Federal Courts and Federal Administrative Agencies
INSTRUCTOR
Michelle D. Kirby, RHIA, CHP, has over 20 years experience working in the field of Health Information Management. Michelle became a Registered Health Information Technologist (RHIT) in 1994 and became a Registered Health Information Administrator (RHIA) in 2003. Also, in 2003 Michelle became Certified in Healthcare Privacy. Michelle managed the Health Information Management Department at Mercy Medical Center Redding for eight years before becoming CHW North State’s Facility Privacy Official. Michelle has served as Facility Privacy Official for the past four years.
EQUIPMENT/MATERIALS NEEDED
None required to take this module.
BENEFITS
Receive valuable review information and continuing education units at a very affordable price with no travel time or expenses.
Complete the module in the comfort of your own home or office at your convenience, leaving and re-entering module course as you desire.
Obtain printed module material by printing documents from your printer. Immediate access to the module by registering online and paying by credit card.
ACCESSING THE MODULE
As soon as the Online Registration form has been submitted to the CHIA Executive Office, you will be able to access the module
immediately. A computer-generated 'User Welcome e-mail' is sent from the Webmaster to your e-mail address. This e-mail advises that you have 24-hours in which to respond. It is important that you immediately respond to that initial 'welcome' e-mail; follow the link in the e-mail, to establish your password within that 24-hour period of time. You will be asked to provide a question and answer, in case you need to reset the password; please note that information some place. The password is case-sensitive. 90 days have been allotted to complete the module allowing you sufficient time, at your convenience, to complete the module, take the exam and get your certificate.
During the 90 days allotted, you may exit, re-enter as wish. Remember to "Log Out'' each time leave the module (on the menu bar,
left side of screen). To ''Log In'' again, visit the ''Log In" button on the blue tool bar under the picture graphic on the CHIA Home
Page, http://www.CaliforniaHIA.org. You will be taken to the 'sign-in screen' where you will enter your User Name (your e-mail
address) and your password (that you established). If you forgot your password or wish to change, you can click on ''Forget or want to change your ID/password?," enter your e-mail address, and click on 'continue;' an e-mail will be sent to you giving you a 'new' link to make the change.
EXAM
Each exam is scored automatically online. The exam will be either multiple choice or true/false. Passing score is 70. To access the exam, at the end of the module, you'll see ''Click Here to take the exam." To take the exam, please do that. Additionally, sample self-assessment questions, entitled ''Check Your Knowledge'' have been provided throughout the module.
This module is designed so that you may leave and re-enter the module material as you desire. You have 90 days. However, once you take the final exam, you will no longer have access to this module.
EVALUATION
The student will be given an opportunity to comment on this module, if expectations for this module were met, and to comment on other educational modules they would like to see developed.
CEUs
The student, after successfully completing this module and passing the exam will be able to print out a Certification of Completion (CEU form). Two CEUs (HIM Domain: Privacy and Security) are offered for this module. Print and retain online Certificate of Completion as evidence of completion.
REGISTER ONLINE
To register online for this ROI Medical Records and the Court Systems module Click Here or the "SIGN UP HERE!!" at the top of this screen page. Complete the Online Registration form. Once the registration information has been received and processed by the CHIA Executive Office you will be notified immediately via a 'User Welcome e-mail' from the Webmaster. We have a self-service system that will allow you immediate access at any time of day or night. You have 24-hours to complete the initial access.
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