A shadow chart (not part of the legal medical record) is a copy of original health record retained apart from the primary custodial area used primary by health care providers in their office or clinic setting. Independent databases are often created by researchers and may not include the same content as the original health record. In case of a late entry (addendum) in one, shadow chart or independent database, that is used to add information to a previous entry must have the title addendum, date, time, the reasons of creating the addendum referring back to the original entry (Legal Medical Records Standards). Information technology staff can help decrease incidents of security breaches by implementing screen protectors in all computers, by providing logging accreditation to all personnel, by using network security software and hardware, by monitoring the safety of the network and by educating, reporting and enforcing any HIPAA violation.
In case of disclosure of unauthorized protected medical information such as providing a copy of medical records to a friend of a patient without written authorization from the patient may result in fines and imprisonment to the institution and individuals involved in such HIPAA violation.
HIPAA defines as criminal the use or disclosure (by individuals or institutions) of confidential medical information of a patient for any other purposes than treatment, payment, or health care operations. Such violations carry fines and/or imprisonment (Privacy, Security, and Confidentiality).
According to the Montana Code 41-1-402 the healthcare provider can obtain a legal consent for prevention, diagnosis or treatment from a minor (without adult supervision) if the minor is graduated from high school, have a child, lives alone and supports him (her) self, is pregnant, infected with a infectious disease, is under the influence of alcohol or
References: Legal Medical Records Standards, Annotated 2008. Retrieved from www.ucop.edu/ucophome/coordrev/.../legal-medical-record-policy.p... Montana Code, Annotated 2009. Retrieved from http://data.opi.mt.gov/bills/MCA_toc/index.htm Privacy, Security, and Confidentiality. Retrieved from http://www.ahima.org/resources/psc.aspx HIPAA Privacy Rule and Public Health “Guidance from CDC and the U.S. Department of Health and Human Services “Annotated 2003. Retrieved from http://www.cdc.gov/mmwr/preview/mmwrhtml/m2e411a1.htm