Electronic Medical Records: Minimizing Legal Risks and Liabilities

Avoiding HIPAA, Stark Law and Anti-Kickback Violations and Protecting Patient Privacy

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, September 10, 2009

Course Materials

This seminar will examine the legal risks involved in managing and maintaining electronic health records systems, including an analysis of potential issues for healthcare providers with regard to patient privacy and HIPAA, Stark and Anti-Kickback compliance.


The stimulus bill enacted in February 2009 included $19 billion in incentives for hospitals and physicians to replace manual patient record systems with electronic data systems. The use of electronic health record systems improves coordination and information management among providers.

As hospitals and providers move toward electronic health record systems, new legal concerns emerge: What are the privacy and security risks? What are the potential regulatory barriers under HIPAA, Stark and Anti-Kickback laws? Are discovery requests made even more complicated?

Listen as our panel of healthcare attorneys identifies the major risks and potential liabilities in managing electronic medical records and offers best practices to avoid litigation and penalties.



  1. Current developments
    1. The Health Information Technology for Economic and Clinical Health Act (“HITECH”)
    2. Federal and state laws on data breach notification
    3. Red flag rules
  2. Privacy and security risks and best practices to minimize liability
    1. HIPAA
    2. Electronic protected health information
    3. Medical identify theft
  3. Potential regulatory barriers to electronic health record technology and best practices to minimize liability
    1. Stark concerns
    2. Anti-kickback concerns
    3. E-Prescribing


The panel will review these and other key questions:

  • What is the impact of federal and state initiatives on hospitals and providers adopting electronic medical records management?
  • How can providers effectively balance the need for access to records against HIPAA requirements for patient privacy and information security?
  • What Stark Law and anti-kickback concerns arise for healthcare providers utilizing electronic records management?


Paul T. Smith
Paul T. Smith

Davis Wright Tremaine

He represents hospitals and medical groups with corporate governance and regulatory compliance issues. He is Co-Chair...  |  Read More

Robin K. Vinson
Robin K. Vinson

Smith Anderson Blount Dorsett Mitchell & Jernigan

He practices in the areas of business, banking, and healthcare law and litigation. He has spoken before various groups...  |  Read More

James B. Wieland
James B. Wieland

Ober Kaler

He counsels healthcare clients on all aspects of privacy issues, including state laws and HIPAA privacy standards. He...  |  Read More

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