223 e discovery preservation subdomain iib1 analyze

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2.23 E-Discovery preservation Subdomain II.B.1 Analyze privacy, security, and confidentiality policies and procedures for internal and external use and exchange of health information Your organization is in the process of creating an e-discovery policy and procedure. You have been asked to recommend the methods of preservation that should be outlined in the procedure section. Research and present at least four recommendations. Answer 1. Photocopy paper records. Originals records should be sequestered to prevent alteration, loss, or destruction. 2. Keep back-up media 3. Transfer voice and e-mail files to a separate account 4. Create a mirror image of hard drives 5. Take a snapshot of information and retain on separate media (Brodnik et al. 2012, 55–58; AHIMA 2008) References AHIMA e-Discovery Task Force. 2008. Litigation Response Planning and Policies for E-Discovery. AHIMA Model E-Discovery Policies: Preservation and Legal Hold for Health Information and Records. Journal of AHIMA 79(2): BoK Extras. Brodnik, M. S., L. A. Rinehart-Thompson, and R. B. Reynolds. 2012. Fundamentals of Law for Health Informatics and Information Management, 2nd ed., revised reprint. Chicago: AHIMA.
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Copyright ©2017 by the American Health Information Management Association. All rights reserved. 109 2.24 E-Discovery policy review Subdomain II.B.1 Analyze privacy, security, and confidentiality policies and procedures for internal and external use and exchange of health information Your organization is reviewing their policy and procedure for e-discovery after an issue with a recent lawsuit highlighted some problems. One issue was that by the time the notice for the lawsuit was received, some documentation had already been destroyed even though weeks earlier a charge nurse had been told that by a family that they intended to sue. Review the following policy and procedure and suggest modifications that could help prevent future issues. Community Hospital Legal Hold Policy and Procedure Purpose: To prevent spoliation of evidence in the event or anticipation of litigation, this policy addresses the process for retention and preservation of health records. Policy: It is the policy of Community Hospital to preserve all forms of health information (paper or electronic) when litigation is anticipated and to initiate a legal hold process that prevents destruction of said information until the legal hold is lifted to prevent spoliation. Procedure: Legal hold is issued Appropriate data stewards are notified of legal hold Preservation process initiated Review and update legal hold notices as appropriate Assign responsibility for oversight of legal hold notices Audit and track compliance with legal holds Release legal hold when no longer needed Review other legal holds to ensure no overlap Via written notice alert data stewards of lifting of the legal hold Commence normal retention and destruction schedule If information on hold would have been destroyed during the legal hold process, proceed with destruction Answer Modifications: Identify trigger events Specifically identify events which should trigger discussion of legal hold notice of a
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  • Summer '14
  • Electronic health record, Health Insurance Portability and Accountability Act, American Health Information Management Association

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