eLearning Program: Confidentiality: Protecting and Releasing Health Information in California

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4-Part Series Includes:

Part 1:
HIPAA and CMIA, General Information– Uses and Disclosures; With and Without Patient Authorization

Part 2: 
Patient Rights

Part 3:
Special Health Information (Behavioral Health, Substance Use Disorder, HIV Test Results), Access to Minors and Disclosure of Security Breaches

Part 4: 
Current Enforcement Trends, New Challenges, New Privacy Laws, Other Hot Topics, and Question and Answer Forum

This eLearning Program is designed to inform and update health information professionals and others about the legal rules governing the protection and disclosure of health information in California. Healthcare providers in California are subject to broad and complex requirements ranging from the HIPAA privacy rules and the California Confidentiality of Medical Information Act (CMIA), to special laws governing psychiatric, substance use disorder and HIV information. More recently, California has adopted laws governing how businesses deal with consumer information that they have acquired. Federal rules have been established to prohibit information blocking in the exchange of health information. Finally, the past year has brought challenges as the COVID-19 pandemic has raised issues about the use and disclosure of COVID-19 test results and of vaccination information. This eLearning Program will assist attendees in identifying and understanding the various rules and appreciating how they work together.

SAVE 40% on the newly revised
CHIA Confidentiality Manual


The presenters will reference the October 2021 release of the Manual titled Confidentiality: Protecting and Releasing Health Information in California manual  throughout the four sessions. Attendees will be able to get the most from the program if they have the latest manual on hand during the presentations.

save40

Take advantage of this offer and save today by 
selecting the registration fee "WITH Manual”

Exclusive offer; discount included in registration fee

The program’s focus will be on situations where providers are called upon to disclose health information – including releases pursuant to court orders, subpoenas, reporting requirements, patient treatment regimens, and billing and payment activities – and will provide guidance about how HIM professionals should respond in each particular case. The sessions will examine the so-called “patient rights” provisions in the HIPAA privacy rules and their California equivalents, including such matters as access by patients to their own medical records and patient requests for an accounting of disclosures. Additionally, they will discuss the specialized health information laws protecting behavioral health records, substance use disorder information and HIV test results will be discussed. Also covered will be the mandated reporting of health information security breaches.

The sessions will end by exploring new “hot topic” challenges faced by health information professionals. This will include challenges presented by the COVID-19 pandemic and new laws that have come onto the scene in recent years, such as the California Consumer Privacy Act, as supplemented by the California Privacy Rights Act, and the federal 21st Century Cures Act.

The goal is to give health information professionals a framework for dealing with issues concerning the maintenance, retention, and release of patient information.

 Register today!
(click to visit CHIA Store)
 

*Available OnDemand now, live programs were held on  Oct 27, Nov 3, Nov 10 and Nov 17, 2021
All eLearning Programs include on-demand access of the live program recording for 60 days.

    Program Details
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    Program Details

    This eLearning Program is a 4-part series: 

    Continuing Education
    CEUs: 6   |   HIM Domain: Information Protection: Access, Disclosure, Archival, Privacy and Security

    This eLearning Program series has been approved for continuing education units (CEUs) for use in fulfilling the continuation education requirements of the American Health Information Management Association (AHIMA) and Board of Registered Nursing (BRN). CEUs are based on contact hours. 30 minutes of attendance at an educational program equals .5 CEU. For full details on CEU qualifications, calculations, and more, view the AHIMA Recertification Website. CEUs may be adjusted based on actual time of event. 

    PART 1:  
    HIPAA and CMIA, General Health Information – Uses and Disclosures
    Part One will introduce the various laws that govern the use and disclosure of patient health information in California, including their origins and applicability. It will then focus on the HIPAA and CMIA rules that every health information professional must be familiar with, including those governing the need for a written patient authorization before health information can be disclosed and setting out exceptions when no authorization is required. Topics include the following:

     Releasing Protected Health Information

    • Obtaining an authorization
    • Releasing information without an authorization
    • Releases under subpoenas or other legal process
    • Releases for reporting purposes
    • Releases to governmental oversight bodies
    • Releases to other providers and to payors
    • Releases to employers
    • Releases in workers’ compensation proceedings
    • Releases for research purposes
    • Releases to consultants and contractors (business associates)

    Introducing the Legal Standards

    • HIPAA privacy rules, including HITECH Act and HIPAA Omnibus Rules
    • CMIA
    • California Lanterman-Petris-Short Act
    • Federal substance use disorder confidentiality regulations
    • California laws governing HIV test results
    • Other sources of legal requirements

    PART 2:  
    Patient Rights
    Part Two will deal in depth with the five sets of patient rights prescribed by HIPAA and, to some extent, already found in California law. These involve the notice of privacy practices, patient requests for restrictions on disclosures, patient access to the medical record, patient amendment of the medical record and patient requests for the accounting of disclosures. Topics include the following:

    • Right of patient to receive notice of privacy practices
    • Right of patient to request restriction of disclosures
    • Right of patient to access records
    • Right of patient to amend records
    • Right of patient to obtain accounting of disclosures

    PART 3:  
    Special Health Information, Access to Minors’ Health Information, Disclosure of Security Breaches
    Part Three will explain the three sets of rules that govern specialized health information in California: the state Lanterman-Petris-Short Act governing behavioral health information, the federal substance use disorder confidentiality rules and the California law protecting HIV test results. It will conclude with an examination of the rules in California law and HIPAA governing the disclosure of health information security breaches. Topics include the following:

    • When does the Lanterman-Petris-Short Act apply to behavioral health information and when does it not?
    • Does health information obtained by a hospital in treating drug overdose patients in its emergency room fall under the federal substance use disorder confidentiality rules?
    • Does a notation in the medical record that a patient is receiving an anti-HIV course of medications fall under the California HIV confidentiality law
    • What changes have recently been made in the CDPH security breach regulations?

    PART 4:  
    New Challenges, New Privacy Laws, Other “Hot Topics” and a Question and Answer Forum
    Part Four will deal with an array of challenges faced by health information professionals. These “hot topics” will include special issues with electronic health information such as e-signatures, texting, and social media; challenges presented by the COVID-19 pandemic; the extension of consumer privacy laws beyond the health care area through the California Consumer Privacy Act and the California Privacy Rights Act; and the information blocking rules contained in the 21st Century Cures Act. Topics include the following:

    • OCR guidance on patient right of access
    • HIPAA enforcement mechanisms – what are they and what should be expected?
    • Business associates – who are they and what about photocopy companies?
    • Compensation for producing electronic records
    • Limiting parental access to minors’ medical records – Calley’s Law
    • Proposed changes to HIPAA privacy rule
    • Relationship of CCPA/CPRA to HIPAA and CMIA
    • Handling and disclosure of COVID-19 test results and vaccination reports
    • Dealing with the information blocking rules contained in the 21st Century Cures Act
    Meet the Presenters

    Apicllan Jergesen, JD
    Partner, Hanson Bridgett LLP

    Allan Jergesen is well known to California’s health information professionals, many of whom rely on articles authored by him, and published in each issue of the CHIA Journal, for advice on legal issues regarding the maintenance and privacy of health information. Mr. Jergesen has been a speaker at the CHIA annual Confidentiality and Release of Health Information seminars for many years. The legal and technical expertise he has brought is invaluable to health information management professionals.

    picJoyce Chang, JD, CHC, CHPC
    Attorney, Hanson Bridgett LLP

    Joyce Chang is a healthcare attorney whose areas of specialization include privacy and confidentiality laws. Her prior experiences at Cedars-Sinai Medical Center and Stanford Health Care provided the unique opportunities to work directly with health information management professionals, patients, law enforcement, the media, and other stakeholders on privacy investigations, patient rights, and regulatory compliance. She works closely with engineers, healthcare startups, and electronic health records systems to design auditing systems and implement technical safeguards. Ms. Chang was previously a high school special education teacher and uses her teaching background to help make complex laws more user-friendly and approachable.

    This presentation is co-sponsored by Hanson Bridgett LLP.

    Hanson Bridgett LLP is a San Francisco-based general practice law firm with offices in Sacramento, North Bay, East Bay, and Los Angeles. Its clients include numerous hospitals, medical groups, long-term care facilities, senior communities, and home and community-based health services. Among its most significant areas of expertise are the privacy and security of patient healthcare information. Hanson Bridgett’s attorneys participated in drafting the California Confidentiality of Medical Information Act in the early 1980s and have provided extensive advice on HIPAA and related matters since that time. The firm currently serves as outside legal counsel to CHIA.

    SAVE 40% on the newly revised 2021 CHIA Confidentiality Manual (optional)

    Tpublicationhe October 2021 release of the CHIA Confidentiality: Protecting and Releasing Health Information in California will be referenced throughout the program. Get the most from the program and have the latest manual on hand.

    Take advantage of this savings and select registration fee "WITH Manual.” 

    40% discount on manual included exclusively with this registration offer. Manuals purchased separately will not be discounted and can be purchased in the CHIA Store


    Overview: This publication is designed to inform health information management and other health care professionals about the HIPAA privacy and security rules that include the California Preemption rules. It will go a long way towards familiarizing the reader with the new world of health information confidentiality, as governed by HIPAA and California state law.

    In 2003, the rules governing the release of health information became an amalgam of HIPAA and California confidentiality law. Under the ’’preemption’’ doctrine, California providers asked to release protected health information will have to compare HIPAA and relevant state law and CMIA, and then follow the ’’more stringent’’ rule.

    This publication reviews situations where providers are called upon to disclose information -- including releases pursuant to court orders, subpoenas, reporting requirements, patient treatment regimens, and billing and payment activities. A complete appendix of Legal References is included.

    The publication also covers: HIPAA Omnibus Rule [applies to all records, not just electronic]; HIPAA and California Law Enforcement and Penalties; Disclosures to Law Enforcement Agencies; Security Breach; Disclosures permitted by HIPAA and not recognized by CMIA; HIPAA Security Rules; and California Security Requirements. This book includes extensive changes to the substance use disorder information.

    Authors: Allan Jergesen, JD and Joyce Chang, JD, CHC, CHPC

    Registration Information
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    Registration Fees

    Registration Fees and Deadlines
    To attend the live program, registrations must be received two (2) business days prior to event date; access will be made available the morning of the live program. Purchases received after the advanced registration deadline and/or live program will be provided access within three (3) business days.

     

     ADVANCED FEE (thru Oct 20, 2021)REGULAR FEE (after Oct 20, 2021)
     WITH Manual
    40% discount on manual included in price
    WITHOUT ManualWITH Manual
    40% discount on manual included in price
    WITHOUT Manual
    CHIA Member$239$169$289$219
    AHIMA Active Only
    Includes CHIA annual dues
    $289$219$339$269
    CHIA Student Member$159$89$189$119
    Non-Member$309$239$359$289
    How to RegisterPurchase the eLearning Program online OR complete the eLearning Program Order Form and submit to CHIA with payment. Full payment is required with registration. A copy of an approved check request is acceptable when submitted with the printed registration form. Over-the-phone registrations are not accepted.
    NEW! Group Registration Discount 

    Groups of five (5) or more employees may be eligible for a discount when registering for the same eLearning Program at the same time. Discount will apply to registrant's applicable fee type. 

    For group registrations, complete the eLearning Program Order Form. 

    • Groups of 5 - 9 employees: 1 - 4 CEU program $5 off per person  |   5+ CEU program $10 off per person 
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      Discounts do not apply to previous orders
    Access Details & General Information
    How to Access Program Details and Materials

    For advanced purchases received two (2) business days prior to event date, access will be made available the morning of the live program. For all other purchases, access will be provided within three (3) business days.

    All program details and materials will be accessible exclusively via the registrant’s CHIA User Profile and available for 60 days. Registrants will be given access to a eLearning Program Access page (restricted access) that will include the LIVE event link, on-demand program recording, presentation materials and CEU form.

    • Recommended Access Test: Test your access ahead of the live program by logging into your CHIA User Profile. Once logged in, look for the green eLearning Program Access box on the My Account Dashboard. All active programs you have access to will be listed. 
    On-demand Program Recording (included)All eLearning Programs include on-demand access of the live program recording to stream. Allow up to three (3) business days after the live program for availability on the eLearning Program Access page (restricted access)
     
    Presentation Materials Presentation materials, if offered by the presenter, will be made available on the eLearning Program Access page (restricted access) upon conclusion of the live program.
     
    Continuing EducationCHIA programs are approved for continuing education units (CEUs) for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA) and Board of Registered Nursing (BRN). CEUs are based on contact hours. 30 minutes of attendance at an educational program equals .5 CEU. For full details on CEU qualifications, calculations, and more, view the AHIMA Recertification Website. CEUs may be adjusted based on the actual time of the event.
     
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    For those already registered for this eLearning Program, please follow the instructions below to gain access. To attend the live program, registrations must be received two (2) business days prior to event date; access will be made available the morning of the live program.  Purchases received after the advanced registration deadline and/or live program will be provided access within three (3) business days.

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    Purchase the eLearning Program online by visiting the CHIA Store

    • CHIA does not accept orders by phone.
    • To email or mail orders for third-parties and/or group registrations, complete the eLearning Program Order Form

    To attend the live program, registrations must be received two (2) business days prior to event date; access will be made available the morning of the live program. Purchases received after the advanced registration deadline and/or live program will be provided access within three (3) business days.

    Access to program materials will be available for 60 days. Non-transferable. All sales final.


    Still have questions? Call (559) 251-5038 or email Merchandise@CaliforniaHIA.org