LNC STAT: Legal Nurse Blog

Even after a case has been completed by a Legal Nurse, there will still be documentation and reports that make up your case file. This is so because of the patchwork of different legal requirements that dictate how case materials must be retained for clients, courts, auditors, and other entities. Failure to retain certain data may result in sanctions against the Legal Nurse.

One area Legal Nurses need to pay close attention to are the data retention polices of the court system. Every federal and state court may have a different data retention policy when it comes to case files. Consequently, all Legal Nurses should seek out and examine each state, county and federal courts data retention policy to make sure they are following the rules. Furthermore, it would be wise for every Legal Nurse to consult with their attorney-client because the attorney should know the rules and provide any guidance to the Legal Nurse.

Legal Nurses must not only follow the courts data retention policy but any applicable state or federal regulation. For example, the HIPAA regulations require any modifications made to any protected health information (PHI) file must be maintained for 7 years. Addionally, Legal Nurses working as business associate's to a covered entity (CE) must either destroy or return the PHI to the CE upon full performance of the business associate's contract.

Data retention is a very confusing and arduous maze. Therefore, the Legal Nurse should always confer with their attorney-client to see what case information can be discarded and what case information should be saved.

In today's healthcare environment medical record tampering is a grave problem that is only getting worse. Many healthcare professionals carry out medical record tampering schemes in order to cover up some sort of negligence or mistake. As a result, spoliation of the record will most likely occur making the record useless in a court of law. However, covering up one's negligence is not the only reason why medical record tampering occurs. Medical identity theft and insurance fraud are also core reasons why someone commits record tampering. According to the FTC, medical identity theft happens when someone steals your personal information and uses it to commit health care fraud. Reports indicate that 10 percent of all identity theft victims in 2005 were a result of some sort of medical identity theft and this number continues to grow annually. For medical identity theft to happen some sort of medical record tampering must occur. Once the offender has acquired a patient's medical identity, that offender can then submit false insurance claims or receive medical care under the victim's identity. Consequently, medical record tampering that leads to identity theft can create serious healthcare implications for the patient victim. Some of these implications include having the offender's blood type or test results in your record. Additionally, it is very difficult for the patient to delete the offender's medical information from their own medical record due to HIPAA regulations. Some hospitals may be fearful of deleting such information as a result of the civil and criminal fines associated with such actions under HIPAA.

For more info about learning how to detect tampering in medical records, read about the Certified Legal Nurse Investigator (CLNI) Certification.

Certified Legal Nurse Investigator Info >>

One overlooked aspect by many in the Legal Nurse consulting industry is information security. According to the U.S. government, information security means protecting any material information from unauthorized access, use, disclosure, disruption, modification, or destruction. In the legal world, an attorney's failure to maintain proper information security can result in a lost case, fiduciary liability, and/or disbarment.

For a Legal Nurse, your consequences may involve liability, being fired by the attorney, and/or destroying your good business name. In order to prevent these consequences from happening, the Legal Nurse must safeguard any information obtained from the attorney client privilege, the work product doctrine, and follow any pertinent Health Insurance Portability and Accountability Act (HIPPA) regulations.

This topic is the first on a series on how to protect yourself and your business as a Legal Nurse. Information security is a new and emerging field, but is vital to understand in both the medical and legal realms.

Information security and the Legal Nurse is covered in depth in the new course called Case Strategies for the 21st Century. Class size will be limited. Register while you can!

Case Strategies for the 21st Century Info & Registration>>
Las Vegas, NV: June 8-12, 2009

In today's healthcare world HIPAA is the compulsory regulation that must be adhered to when working with protected health information (PHI). According to HIPAA, PHI is any information about health status, provisions of care, or payment for health care transmitted and maintained in any medium that can be reasonably linked to an individual. Furthermore, the HIPAA regulation lists 18 different identifiers that can make up one's PHI.

There are two standards that deal with the security of PHI: 1) the Privacy Rule and 2) the Security Rule. The Privacy Rule applies to all PHI regardless if the PHI is in a paper, electronic, or voice medium. However, the Security Rules applies only to electronically stored PHI (ePHI) such as data on hard drives, flash drives, CD's, and DVD's. Each rule has a different set of standards that need to be met in order to be in compliance with the HIPAA regulations. Knowing both rules will greatly reduce your risk of any civil penalties.

Legal Nurses should pay close attention to the HIPAA regulations because they may fall under the umbrella of the regulation while acting as a Legal Nurse. The HIPAA rules require one that becomes a business associate of a covered entity (healthcare provider, etc.) to meet certain requirements. Consequently, any Legal Nurse that becomes a business associate of a covered entity or an agent of a business associate will need to have a basic understanding of the Privacy and Security Rules. Lastly, becoming a business associate or an agent of a business associate will also require that certain contractual obligations are met.

Detailed info about HIPPA is included in the LNC STAT certification course and the Privacy Rule, Security Rule, Business Associates, and Covered Entities are further discussed and analyzed in the Case Strategies for the 21st Century Workshop.

LNC STAT: Advanced Legal Nurse Consultant Certification >>
Case Strategies for the 21st Century >>