This week we are going even further into the legalities of health information and the focus is eDiscovery. eDiscovery refers to electronic data that is sought for the use of evidence in a legal proceeding. As you all know, technology is heavily used in the provision and documentation of healthcare. This means that electronic data is being utilized as evidence more often now then it was when healthcare facilities were keeping mostly paper health records. An HIM professional works with these related challenges:

• How do we ensure that our organization is adequately preserving data?
• How do we properly identify data sources that may contain information that is pertinent to eDiscovery?
• How do we ensure that there is appropriate access and security of data that is being sought as evidence in eDiscovery?

In this assignment, please create Guidelines for eDiscovery for a current day healthcare facility. Use your text, supplemental resources available on this topic at AHIMA.org and resources available in the Rasmussen College Library to guide your research.

Your submission must contain a list of numbered guidelines that are supported by professional resources evidenced in citations. Do not copy from your resources but rather create original guidelines and support them with resource material via citations. The average submission will be no more than 2 pages plus a resource page.

This week we are continuing to talk about the legal system. How is health information used as evidence? In the day of paper records, if a patient?s record was to be used for evidence, the health information manager just had to carry the paper chart in to court. But how did anyone know if all of the papers were included that were available at the time the incident happened? There really would be no way to know. Now think about the electronic health record. This is a very different way to present evidence. Think about all of the different ways data is presented in the EHR!

2 Written Assignments.

TIPS FOR ASSIGNMENTS: In your written assignment that is about Ediscovery, you may want to reference what you have learned in previous classes about data integrity and data security in the EHR, how is data kept secure, how is the quality of data ensured? What are ways that an organization ensures that a patient is who he or she says they are, and that only employees who are supposed to access the data are able to? Also, as you see, the rubric has points for making sure you address Identification, Access, Security, and Preservation. The rubric gives some tips on what each of these four items mean. It would be a good idea as you do your document to actually have those as headings in your document – a heading for Identification and then bullet points or numbered points under that where you address that, and so on. This just might help you organize your thoughts and make sure you are addressing all parts. So IN SUMMARY, HERE IS HOW TO SET UP YOUR ASSIGNMENT: You need to write guidelines for your organization regarding ediscovery. This requires of course research and reading the information in the class regarding what ediscovery is and what the requirements are. Then in your guidelines, you need to have first a summary/overview, then you should have four headings, Identification, Access, Security, and Preservation, and write about each of those as they relate to Ediscovery. In the rubric, I gave a tip or hint on what each of those terms mean.

RESEARCH ASSIGNMENT: Your research assignment does not have to be about healthcare, it can be about ediscovery in any field.

The rubric for the Written Assignments are below.

Scoring Rubric: Module 03 Written Assignment – Draft eDiscovery Guidelines

Criteria	Points
Criteria 1 Draft of e-discovery guidelines are formatted as guidelines and include an overview and summary	20
Criteria 2 Identification is included – Your guidelines identify what data is available for ediscovery	10
Criteria 3 Access is included – Your guidelines show how the organization provides appropriate access to the data	10
Criteria 4 – Security is included – Your guidelines show how the organization keeps the data secure that is being sought as evidence in ediscovery	10
Criteria 5 Preservation is included – Your guidelines show how the organization preserves the electronic data	10
Total	60

Scoring Rubric: Module 03 Activity – Research and Summary

Criteria	Points
Criteria 1 Evidence of Research	5
Criteria 2 Description of an e-discovery case	15
Total	20

Grading for Discussion Forum: Answer all questions posed in the Discussion Forum instructions, correct spelling and grammar, cite references if used, posts are in your own words (automatic 0 if copied), and substantive reply to another student. Initial post is due Tuesday, reply post by Saturday.

Module 03 Activity – Research and Summary

Research current media stories related to cases involving e-discovery issues being tried or settled, etc. through newspapers, radio, T.V., Internet search. Two good sources for a free database on e-discovery issues are below but you may try others as well:

Electronic Discovery Case Database

The Most Significant eDiscovery Cases under New FRCP

Provide a brief summary of the case and identify the e-discovery issue based on your knowledge from this module.

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