A new state law, effective Jan. 1, 2018, requires hospitals and other providers of health care services rendered under Medi-Cal or any other California Department of Health Care Services (DHCS) health care program to keep records for at least 10 years. Specifically, AB 1688 (Chapter 511, Statutes of 2017) requires providers to keep a record of each service rendered, the beneficiary or person to whom rendered, the date of service, and any additional information that DHCS may by regulation require. These records must be maintained for 10 years from the final date of the contract period between the plan and the provider (for Medi-Cal managed care enrollees), from the date of completion of any audit, or from the date the service was rendered, whichever is later. AB 1688 thus effectively changes the length of time a provider must keep medical records of Medi-Cal patients. Currently, state law requires medical records of adults or emancipated minors to be retained for 7 years, and for unemancipated minors, until the minor reaches age 19 but in no case less than 7 years.

The new, longer retention period is consistent with federal Medicaid and CHIP final rule governing managed care organizations and their subcontractors. It is also consistent with previously-existing federal laws requiring that providers that contract with a Medicare Advantage (MA) or Medicare Part D plan maintain records for a minimum of 10 years from the last contracting period or completion of audit, whichever is later. For MA and Part D plans, the retention period applies to books, contracts, medical records, patient care documentation, and other records that pertain to any aspect of services performed, reconciliation of benefit liabilities, and determination of amounts payable under the contract.

Hospitals should read their contracts with MA and Part D plans to ensure they are complying with their specific contract requirements. Hospitals should also anticipate receiving contract amendments from their contracted Medi-Cal managed care plans addressing the new retention period.

CHA will update its Record & Data Retention Schedule in 2018 to reflect the new requirements. For more information about the Record & Data Retention Schedule, please visit calhospital.org/record-retention.

Notice provided by California Hospital Association .

Confidentiality & Security: Protecting and Releasing Health Information in California 2017 - Now available for purchase

CHIA Members $85 / CHIA Non-Members $95

This publication is designed to inform HIM and other health care professionals about the HIPAA privacy and security rules, and reviews situations where providers are called upon to disclose information -- including releases pursuant to court orders, subpoenas, reporting requirements, patient treatment regimens, and billing and payment activities.

  

2017 Additions:

Provided are excerpts from the Nov/Dec CHIA Journal. CHIA members receive a mailed hard copy, and all CHIA and AHIMA members can access the digital version online to view, read, and enjoy now! 

Transforming Health Care with Telehealth: Policy Trends & Issues

by Mei Wa Kwong, JD

Policy Advisor and Project Director, Center for Connected Health Policy

The use of telehealth has accelerated since 2000, but has struggled with several complex barriers to widespread adoption. While it has been in existence for decades and despite the benefits shown, utilization continues to be low. A major part of this can be attributed to the existing policy environment. While telehealth technology has developed rapidly, the policy that impacts it has been slower to evolve. With a key role in information governance, it will be important for health information management (HIM) professionals to stay abreast of the telehealth landscape.

As telehealth practices continue to grow and emerge, HIM professionals will be wrangling with how these encounters should be documented, coded and included with the electronic health record, as well as managing release of information processes. It is important to know that policy around telehealth is continuing to evolve and change. Additionally, telehealth is being increasingly looked at as policymakers hunt for innovative solutions to the emerging issues we face in health care, such as the opioid epidemic. The table is set for the next steps to be taken to address the aforementioned factors to ensure that telehealth is used to its fullest ability to provide services to those who need them.