You are receiving this e-mail as a subscriber to the Virginia Records Officer Listserv (VA-ROL). # # I have a similar question of "record storage in alternative formats" meaning that it is NOT a medical record but other documents, such as, but not limited to, documents used in Appeals cases. Nancy Malczewski Public Information Officer Department of Medical Assistance Services (DMAS) 600 East Broad Street, Suite 1300 Richmond, Virginia 23219 Phone: 804-371-6391 Fax: 804-371-4981 E-mail: [log in to unmask] From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Hoover, Donna (WWRC) Sent: Wednesday, February 01, 2012 4:47 PM To: [log in to unmask] Subject: Re: Electronic Health Records You are receiving this e-mail as a subscriber to the Virginia Records Officer Listserv (VA-ROL). # # Since the original question was pertaining to medical records, COV section 32.1 - 127.1:01 addresses medical record storage in alternative formats (microfilm, electronic, etc). § 32.1-127.1:01 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+32.1-127.1C01> . Record storage. A. Medical records, as defined in § 42.1-77 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+42.1-77> , may be stored by computerized or other electronic process or microfilm, or other photographic, mechanical, or chemical process; however, the stored record shall identify the location of any documents or information that could not be so technologically stored. If the technological storage process creates an unalterable record, the nursing facility, hospital or other licensed health care provider shall not be required to maintain paper copies of medical records that have been stored by computerized or other electronic process, microfilm, or other photographic, mechanical, or chemical process. Upon completing such technological storage, paper copies of medical records may be destroyed in a manner that preserves the patient's confidentiality. However, any documents or information that could not be so technologically stored shall be preserved. B. Notwithstanding the authority of this section to copy patient records in the form of microfilm, prescription dispensing records maintained in or on behalf of any pharmacy registered or permitted in Virginia shall only be stored in compliance with §§ 54.1-3410 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+54.1-3410> , 54.1-3411 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+54.1-3411> and 54.1-3412 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+54.1-3412> . (1994, c. 390 <http://lis.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0390> ; 1998, c. 470 <http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0470> .) However, a best practice (as gleaned from AHIMA) is to maintain a chronological file containing each day's work for 90 days then destroy after completing the QC process. When starting out, it's good to perform 100% review on what has been imaged. Once team members meet a pre-determined accuracy threshold (ours is 96%), then a 10% review of documents on each individual performing the imaging function is adequate (unless the threshold isn't being met at which time some targeted re-training may be necessary). We report our results at the quarterly compliance meeting. Hope this is helpful! Donna Donna S. Hoover, MBA, RHIA Records Management Services Woodrow Wilson Rehabilitation Center HIPAA Privacy/FOIA Officer PO BOX 1500, W-484 Fishersville, VA 22939-1500 Ph: 540.332.7904 Fx: 540.332.7923 From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Smith, Glenn (LVA) Sent: Wednesday, February 01, 2012 4:20 PM To: [log in to unmask] Subject: Re: Electronic Health Records You are receiving this e-mail as a subscriber to the Virginia Records Officer Listserv (VA-ROL). # # Good answer, Bob. And, to strengthen the language in § 8.01-391, HB 1284 was introduced in this year's General Assembly. While this bill applies predominantly to circuit court clerks' offices, and the proposed amendment to § 8.01-391 doesn't appear to be significant at first glance, creating a new paragraph E. for the one sentence that pertains to the destruction of the original after copying will solidify that this provision applies to all sub-sections above it (courts, government, and businesses) and not just businesses in sub-section D. http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+HB1284+hil Regards all, - Glenn ------------------------------------------------------------------- Glenn T. Smith [log in to unmask] Records Analyst www.lva.virginia.gov Library of Virginia 804-692-3604 ------------------------------------------------------------------- ________________________________ From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Kolstee, Robert Sent: Wednesday, February 01, 2012 3:29 PM To: [log in to unmask] Subject: Re: Electronic Health Records You are receiving this e-mail as a subscriber to the Virginia Records Officer Listserv (VA-ROL). The Virginia Public Records Manual, Chapter 7 Reformatting Records contains the following information for guidance. Legality of Reformatted Records Copies of originals as evidence Both Code of Virginia (§ 8.01-391) and federal laws recognize the legal status of copies made from various sources, including electronic data stored on optical media. The law of evidence allows accurate and authenticated copies produced from originals to be admissible as evidence. Authenticating records requires having written policies and procedures formalizing the recording, storage, or reproduction of public records. A list of users and their access privileges should be maintained and audited regularly. Also, keep audit trails documenting who scanned or edited images and when this occurred. Destroying Records after Reformatting After records are reformatted, inspected, and approved according to established standards, the originals may be destroyed because they are then considered copies. The reformatted version is now the official copy of record. The Library of Virginia does not require a Certificate of Records Destruction (RM-3 Form) for copies. However, any original records with permanent retention or records created before 1913 must be offered in writing to the Library of Virginia before destruction of the originals. Bob Kolstee Records Administrator City of Norfolk 757-664-4737 ________________________________ From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of hid Sent: Wednesday, February 01, 2012 2:56 PM To: [log in to unmask] Subject: Electronic Health Records We are currently in the process of copying our medical records into an Electronic Health Records system. We are scanning current records and attaching them to the specific client's record in the database, organized in folders based on the documentation content/function. (i.e. ISPs, Quarterlies, Financial, Assessments...etc.). I am new to records management and have been trying to determine whether scanning records into the database allows us then to shred the paper documentation, or whether we are required to continue to maintain, all or part of the medical record IAW current records retention schedules. Can someone steer me in the proper direction to where I might find the answer? Any information you can provide will be greatly appreciated. Thank you - hid H. I. Deslauriers Administrative Services Manager Southside Community Services 424 Hamilton Boulevard South Boston, Virginia 24592 434-572-6916 (x301) www.sscsb.org The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon the information by persons or entities other than the intended recipient is prohibited. If you have received this email in error, please contact the sender and delete the material from any computer. 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