By Health Care Law Practice Group
In the current environment, it seems that businesses are constantly changing hands, merging or dissolving. The question then is what happens with a patient’s medical records when a medically-based business is bought, sold or dissolved? State laws and HIPAA inform the answer.
In Missouri, patient records under the care, custody and control of a medical licensee must be maintained for a minimum of seven years from the date of when the last professional service was provided. (R.S.Mo. § 334.097).
Continue reading »
01/1/07 6:42 PM
Health Care, HIPAA | Comments Off on Physician Practices and Records Transfer in the HIPAA Era |
Permalink
Physician Practices and Records Transfer in the HIPAA Era
By Health Care Law Practice Group
Confusion abounds when it comes to deciding which employee personnel records go where, who can access which records and who cannot, and how records should be segregated. Human resource employees have long understood that an employee’s workers’ compensation records should be segregated from the employee’s typical personnel file containing such things as an application for employment, resume and salary change forms.
For the small employer, however, these kinds of decisions must be addressed by management, who may not always be experienced in the nuances of human resource law. In essence, three files should be maintained for each employee:
Continue reading »
01/1/07 6:29 PM
Employment Law, Health Care | Comments Off on Personnel Records: What Goes Where |
Permalink
Personnel Records: What Goes Where
By Health Care Law Practice Group
If small business employers think that the Health Insurance Portability and Accountability Act—or what we fondly refer to as “HIPAA”—only applies to health care providers, they need to think again. Small business owners need to get hip to HIPAA because those that offer employer-sponsored health plans (as most do) must also protect the privacy of employees’ medical information.
Physician practices typically understand they are “Covered Entities” under HIPAA due to their status as medical providers but many are unaware they may carry the title of Covered Entity” by way of their employer status.
Continue reading »
01/1/07 6:20 PM
Employment Law, Health Care, HIPAA | Comments Off on Employer-Sponsored Group Health Plans & HIPAA |
Permalink
Employer-Sponsored Group Health Plans & HIPAA