Garrett Asher, JD, BSN, RN
“Recent Developments on Laws and Patient Confidentiality, Access to Records, and Duty to Report Abuse”
This presentation will discuss recent developments in Tennessee and Federal law related to confidentiality of patient records and access to records. We all are familiar with HIPAA; however, Tennessee law provides extra protections for mental health records. Many therapists find themselves lost in the morass of how to respond to requests for records from lawyers (subpoenas) and governmental entities. This presentation will provide information on that topic. In addition, the presentation will address new regulations regarding electronic health records and patient access required by the 21st Century Cures Act. If a provider falls under the regulations, the provider may be required to provide a patient with online access immediately. Licensed Clinical Social Workers and Registered Dieticians are two types of providers that are affected by the regulations. allow a patient. This presentation will educate providers on the new regulations. Therapists also are faced at times with learning about abuse, either by or to the client. This presentation will discuss Tennessee law on the specific requirements.
- Attendees will become familiar with Tennessee’s mental healthy confidentiality laws and how they interact with HIPAA.
- Attendees will become familiar how to respond to requests to records from someone other than a client.
- Attendees will become familiar with the new regulations under the 21st Century Cures Act
- Attendees will become familiar with when and how to report information about abuse to or by a client.
Garrett Asher is one of the founding members of Surber, Asher, Surber and Moushon. Mr. Asher’s experience includes over 25 years of litigation. He has served as lead counsel in cases involving professional negligence, products liability, premises liability, insurance defense, and defense of professionals in disputes with state licensure organizations. Mr. Asher is a frequent speaker within the legal and medical community. He has led multiple continuing legal education seminars, as well as served as guest lecturer at the Vanderbilt University College of Law, Vanderbilt University School of Nursing, and the Tennessee Technical College system. Mr. Asher is a native Nashvillian. He presently serves on the board of Renewed.