Health Information Law and Regulations
TASK 1 – Passed
Legal Liabilities
Western Governors University
, 2
A1.
While the legal health record (LHR) is defined by an organization, the various state and
federal regulations, Medicare Conditions of Participation, and Joint Commission Standards must
be considered. An organization also must consider the format of its records, whether electronic,
paper, or hybrid. When considering the EHR, an organization must determine if it will use
electronic messages such as text and email as part of the LHR. (Oachs and Watters, 2020)
Another issue that an organization must consider is record authenticity. This is done by
having electronic signatures with a time stamp, using the appropriate abbreviations and legibility.
(Oachs and Watters, 2020)
B.
Suppose a minor is treated in the Emergency Department for drug or alcohol abuse,
according to the Montana Code Annotated 2021. In that case, the healthcare professional must
obtain the minor’s consent for treatment without seeking consent from the minor’s parent or
guardian. The organization may not disclose to the parent or guardian that the minor was being
treated for drug or alcohol abuse. Doing so would allow the organization to be criminally liable.
(leg.mt.gov, n.d.-b)
B1.
According to Montana Code Annotated 2021 section 41-1-02 subsection c, an
organization does not need to ask for parental consent to treat a minor for drug or alcohol abuse
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