Chapters include:

Introduction   Release of Medical Information   Patient Consent to Release of Health Information   Mandatory Disclosure Statements   Legal Processes   Mental Health Records   Substance Abuse Records   HIV/Aids Records   Long Term Care   Faxing Guidelines   Role of the Health Information Practitioner in Risk Management   Consents to Treatment and Advance Medical Directives   Record Retention and Destruction   Computerized Patient Records

The 2011 GHIMA Legal Handbook has been updated from the previous 2006 edition and a summary of significant updates are listed below:

Chapter Two – Release of Medical Information

• Recent changes regarding the legal access to and disclosure of general medical information to a surviving spouse.

• Recent changes to record duplication fees.

• Recent changes regarding workers compensation medical records copying fees.

• HITECH changes regarding de-identification requiring the removal of ZIP codes to avoid a breach of unsecured PHI.

Chapter Three – Patient Consent to Release of Health Information

• Georgia courts establish a two-part analysis for determining whether state law is preempted by HIPAA. 

Chapter Five – Legal Processes

• Validity of a Georgia State agency-issued subpoena in determining whether to release medical records.

Chapter Twelve – Consents to Treatment and Advance Medical Directives

• Overturning of Ketchup v. Howard.  Changes regarding whether Georgia recognizes a common law duty to inform patients of the material risks of a proposed treatment or procedure exist.

• Changes regarding persons who may provide substituted consent in the absence of consent from an individual patient.

• The authority of Temporary Health Care Placement Decision Makers for adults.

• Georgia’s new consolidated advance directive authorized under the Georgia Advance Directive for Health Care Act.

Appendix F

• HIPAA/HITECH compliant Model Business Associate Agreement

Note: The 2011 GHIMA Legal Manual is to be considered a general reference to assist health information management professionals with legal issues regarding the disclosure of health information. It is NOT intended to be considered legal advice.

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