Medical Records

Running Head : Medical Records

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What are the obligations regarding reporting of the alleged abuse under federal and state laws

According to the state laws of New Jersey , reporting of an alleged abuse is mandatory (Medical Records Laws - Information about the Law on Medical Records , 2008 , n .p . Admission /confession to state officials for child abuse is obligatory in New Jersey (Medical Records Laws - Information about the Law on Medical Records , 2008 , n .p . The federal

br law also requires that alleged abuse cases be reported (National Guideline Clearinghouse , 2008 , n .p . In fact , it is said that the Health Insurance Portability and Accountability Act (HIPAA ) does not preempt state laws that provide for reporting or investigating child abuse (National Guideline Clearinghouse , 2008 , n .p

Who are mandated reporters and what is their legal obligation

In New Jersey , the mandated reporters include persons having reasonable cause to believe that a child has been subjected to abuse or acts of abuse (Department of Children and Families , 2008 , n .p

Meanwhile , the aforementioned mandated reporters are obliged to report acts of abuse ' to the State Central Registry (Department of Children and Families , 2008 , n .p . However , ff the patient is in immediate danger , then the mandated reporters should contact 911 as well as , 1-877 NJ ABUSE (Department of Children and Families 2008 , n .p

Furthermore , mandated reporters are obliged to disclose information with regards to the following : 1 ) the name of the parents /guardians of the child , the age of the person responsible for the abuse , the address of the person behind the alleged crime , the name of the perpetrator , as well as , the relationship of the aforementioned to the child who has been allegedly abused 2 ) the kind of abuse that occurred , the number of times it occurred , the current or previous injuries to the child and what caused the mandated reporter to become concerned 3 ) when the alleged abuse actually happened and when the mandated reporter discovered it 4 ) where the abuse actually happened , where the current location of the alleged victim is , as well as , if the one responsible for the abuse has access to the child ' or not and last but not least 5 ) the possibility of imminent danger for the child (Department of Children and Families , 2008 , n .p

In addition to the aforementioned , failure to report such an alleged abuse may be obliged to pay a fine of 1 ,000 or imprisonment of up to a maximum of six months or both (Department of Children and Families 2008 , n .p

What do you say to Mrs . Anderson about her access to records

It should be explained to Mrs . Anderson that according to the State Disclosure Laws of New Jersey , medical records are confidential although it may be disclosed to the patient , upon court (Department of Children and Families , 2008 , n .p . In addition to that Mrs . Anderson should be told that according to the HIPAA...