Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Health Care -- Medical Retention Laws
Medical records retention requirements, whether Federal or State, are apparently aimed at maintaining records for a significant length of time after a patient's discharge. HIPAA does not impose a specific requirement for retention of a patient's medical records and leaves that task to State legislatures. California meets and far exceeds Federal requirements in multiple requirements from multiple laws. Meanwhile, Nevada takes a far simpler tack while still adhering to Federal requirements.
Federal
HIPAA does not impose a length of time for which patients' medical records must be retained (U.S. Department of Health and Human Services, 2009); rather, that requirement is left to the states. However 45 C.F.R. §164.530(j) does require that an entity governed by HIPAA must retain its "privacy policies/procedures, privacy practices notices, disposition of complaints, and other actions, activities, and designations that the Privacy Rule requires...
Department of Health and Human Services, 2012) for six years of the records' creation or last effective date, whichever comes later (U.S. Department of Health and Human Services, 2012). Of course, if we leave HIPAA and venture into federal programs such as OSHA, for example, there are myriad records retention requirements depending on various circumstances.
California
California's record retention laws are at least as strict as federal law, as required, and are often stricter. Beyond the HIPAA requirements binding covered entities, California has various strict retention requirements stemming from several laws. California's Code of Regulations §70751(c) (22 C.C.R. §70751(c) requires hospitals to keep patients' medical records for a minimum of 7 years after any patient's discharge and, if the patient is a minor, the records must also be retained for a minimum of 1 year after the minor has reached the age of 18 (California State Legislature,…
California's record retention laws are at least as strict as federal law, as required, and are often stricter. Beyond the HIPAA requirements binding covered entities, California has various strict retention requirements stemming from several laws. California's Code of Regulations §70751(c) (22 C.C.R. §70751(c) requires hospitals to keep patients' medical records for a minimum of 7 years after any patient's discharge and, if the patient is a minor, the records must also be retained for a minimum of 1 year after the minor has reached the age of 18 (California State Legislature, 2013). Also, the Welfare & Institutions Code §14124.1 states that the medical records of Medi-Cal patients must be kept by the provider for 3 years after the last date of service rendered under the Medi-Cal Program (California State Legislature, n.d.). In addition, the Health & Safety Code §1797.98e (b) states that providers reimbursed by the Emergency Medical Services Fund must keep patients' records for 3 years after the last reimbursed service was rendered (California State Legislature, n.d.). The Health & Safety Code under §11191 also requires that prescription books with issued prescription copies must be kept for 3 years after the last noted prescription was issued and that a provider who "prescribes, dispenses or administers a controlled substance classified in Schedule II" is required to make and keep a record of each such transaction for 3 years (California State Legislature, n.d.). Furthermore, under California's Code of Regulations §1300.67.8 (28 C.C.R. §1300.67.8), managed care plans governed by the Knox-Keene Act must also retain all "records, books, and papers of a plan" for 2 years, keeping the records available for inspection by the Commissioner of Corporations (California State Legislature, 2009, p. 54.5). California's Code of Regulations §39.5 also requires that in cases of Worker's Compensation, all qualified medical evaluators must retain patients' medical-legal reports for 5 years after the employees' evaluation (California State Legislature, 2013). Finally, regarding its state Occupational Safety and Health Administration (OSHA) program, California's Code of Regulations §3204(d) (8 C.C.R. §3204(d) requires that in cases of employees who were exposed to "toxic substances or harmful physical agents," providers must keep medical records for a minimum of the duration of employment plus thirty years (California State Legislature, 2013).
Nevada
Nevada's laws regarding medical records retention
Texas law also adds the stipulation that a hospital may not destroy medical records that relate to any matter that is involved in litigation if the hospital knows the litigation has not been resolved (Practice brief - retention of health information). Federal laws for record retention often are different from state laws. For instance, hospitals that participate in Medicare must keep medical records on each inpatient and outpatient, records of
Medical Use of Marijuana Increasing use of medical marijuana Having looked at the various areas that medical marijuana has been brought into use and the various forms in which marijuana is administered, it is also important to take note of the various challenges that come with it. There have been various researches that have been conducted that covers the medical as well as the ethical side of the medicinal marijuana, and there
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (Richmond Police Department, 2004) Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian
Family Medical Leave Act Before the Family and Medical Leave Act (FMLA) was signed into law in 1993, the United States was among the few industrialized nations with no such legislation in place. Employees had to make do with piecemeal legislation, such as the Pregnancy Discrimination Act or with leaves won through union contracts or policies with more enlightened employers. The FMLA, however, was a controversial piece of legislation. On one side, employers
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The
Law Enforcement Differences Between Various Levels Of Law Enforcement Federal prisons are for conviction under Federal laws. State prisons are similar in all concepts and applications but are for convictions under state statutes (Albanese, 2002). Privatized prisons are owned by the state in which they are in and have been tried (or are being used) by several states on the assumption that a privately operated prison will cost less money over