One of the most common questions asked of MIEC’s Patient Safety & Risk Management Department is "how long physicians should maintain their medical records after a patient leaves the practice, or upon retirement?" While many might assume that there are clear laws and regulations around this issue, in fact, there are few laws that address it (please see the table below for information on state laws). MIEC’s recommendations are as follows: What Attorneys Advise “Keep medical records forever.” This is the advice of many malpractice defense attorneys, because in the event of a medical malpractice claim, the medical records...
New Alaska Supreme Court Ruling Regarding Ex Parte
New ruling in Alaska restricts disclosure of patient information related to litigation. For decades, Alaska has allowed informal methods of “discovery” (sharing of information) during litigation, including private discussions between defense attorneys and the plaintiff’s treating physicians. These “ex parte” communications were encouraged by the Alaska Supreme Court, as they facilitated early evaluation and settlement of cases, with a resulting decrease in litigation costs. However, a new ruling by the Court on June 22, 2018, determined that a cultural shift in views on medical privacy warranted overruling this practice. In Harrold-Jones vs. Drury, et al., the Court held that “absent...
As of October 2, 2018, all providers practicing in California must check the Controlled Substance Utilization Review and Evaluation System (CURES) database before prescribing certain medications, including opioid pain medications. Physicians and advanced practice providers who prescribe controlled substances already must be registered with CURES 2.0, according to state law. California Health and Safety Code Section 11165.1 requires health care practitioners authorized to prescribe, order, administer, furnish, or dispense scheduled controlled substances to submit a CURES registration application to the Department of Justice before July 1, 2016, or upon receipt of a DEA registration. Senate Bill 482, which was signed...
Hawai’i Providers: Mandatory Opioid Prescription Requirements under Act 66
MIEC’s member providers in Hawai'i who prescribe opioid pain medications should be aware of a new state law which just went into effect this month. This new law imposes more stringent requirements around chronic pain management, patients who are also taking anti-anxiety medication, and/or patient who are on large dosages of opioids. Specific elements of the law are discussed below. Under Hawai'i Act 66 (17), Relating to Heath, as of July 1, 2018, all providers authorized to prescribe opioids in Hawai'i must adopt a written policy that includes the execution of a written informed consent document when prescribing opioids to...
The federal government has published its final regulations implementing the “Health Information Technology for Economic and Clinical Health (HITECH) Act,” which modified and expanded the existing HIPAA Privacy and Security Rules, and other statutes. An interim set of guidelines has been in place since 2010, and MIEC provided guidance at that time on complying with the interim rule; therefore, you may have already implemented many of the required changes (such as data-breach notification requirements) into your HIPAA policies and procedures. The following summarizes key points from the Interim and Final Rules, and includes action items for updating your HIPAA policies...
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