Ann Ford and Chad Gough Present on Audit Trails, The Electronic Health Record and Discovery
Ann Ford and Chad Gough Present on Audit Trails, The Electronic Health Record and Discovery
Chicago
November 28, 2022
Ann Ford, Partner at HPS Law and Managing Director of HPS Advise, and Chad Gough, HPS Advise Consultant, presented a webinar on electronic health records (EHR)/electronic medical records (EMR), audit trails, digital discovery and managing the risks they present in litigation. The webinar focused on federal law and on related issues that are current in Illinois.
"This topic has become urgent and important for our clients," Ann said. "We defend health care providers, and health systems; digital discovery is ubiquitous, complex and can seriously impact a case's legal outcome."
According to Chad, all healthcare providers now use some form of EHR/EMR.
“There has been an explosion of regulations regarding EHR/EMR,” Chad said. “But, there has been not an increase in clarity regarding aspects of an electronic medical record, how it is created, updated and stored and then produced during discovery."
The opacity of aspects of EHR/EMR and digital discovery extends to varying electronic medical record systems capabilities, how those systems "talk to" each other, as well as data storage, retrieval and definitions. As an example, the definitions of "medical record" and "audit log," can vary from regulation to regulation, guidance organization to guidance organization and from one hospital’s policy to another.
"We could spend hours talking about definitions," Chad said. "We could spend days talking about how different EHR/EMR systems work, what data they store, how they store it and how it can be retrieved."
Ann and Chad prefer not to let the complexities become overwhelming.
"I know it sounds like a corporate cliché, but the challenges our clients face with digital discovery are opportunities," Ann said. She continued to say that many processes can be updated to guide organizations in digital discovery, which can also improve efficiency, patient care, interdepartmental communication and even interactions with the judiciary and counsel for litigants.
"There are also proactive technical and system things that can be done," Chad said. "You do not have to just sit back and wait and worry."
Ann and Chad said reviewing and updating policies, processes, and interdepartmental communications can help healthcare organizations to take control of the risk and manage it. The digital record and its accompanying metadata can also be used to defend the care provided.
"‘Flipping the script’ can help tell our client's story," Ann said.
If you have questions about EHR/EMR, audit trails or digital discovery, please contact Ann and Chad. Please contact Jonathan Tindor if you are interested in viewing a recording of this webinar.
Ann Ford
Ann Ford is an attorney who joined HPS Advise after spending 16 years as a legal and compliance executive for large health systems as well as a global medical supply and device manufacturer and distributor. Before that, she was in private practice as a healthcare and litigation attorney working with large health systems. She serves on the boards of numerous civic and health organizations including Roosevelt University, the Medical Affairs Professional Society and the Partnership for a Connected Illinois, and is a frequent public speaker and university lecturer on issues related to health law and compliance.
Chad Gough
chad@4discovery.com
312.924.5761 ext. 10
Chad Gough, CISSP, has over two decades of experience successfully providing organizations with digital forensic, information security, and electronic testimony services. He is a renowned thought leader in the industry and has been retained as an expert in over 200 cases globally. He is a sought-after speaker on forensics and has presented at national conferences, been featured on CNN, and served as a technical consultant on the CBS television drama CSI: Cyber. Chad is an adjunct professor at DePaul University, where he teaches Computer Security and Forensic Investigation in his free time.
Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Ann Ford. This post constitutes a form of attorney advertising as defined by some state bar associations.