January 2012 Newsletter 
President's Report
“It’s about the patient,” I recently heard a chief of the medical staff reminding his colleagues. As we face continuing challenges with implementation of health care reform, increasing regulatory pressures, heightened scrutiny by governmental agencies, and the rapid integration of new technology into all levels of the health care system, it is all too easy to focus on the task at hand, on the regulation or on fine-tuning the language contained in a particular policy. Yet if we do so at the expense of the end-user in the system, the patient, we ultimately defeat the purpose of reform, the goal of patient safety and the reasoning behind the advancement of medical care. CHRMS continues to serve our membership through communication, education and collaborative opportunities which bridge compliance with customer satisfaction, regulation with reliability and technology with teaching. For example, our half day program on January 27, 2012 will feature the integration of new technology into the health care delivery system, as well as exploring issues along the continuum of care from the newborn to the elderly. You have the opportunity to communicate more than ever with fellow CHRMS members through our networking events, website, our blog and we are now on Twitter (CHRMSchicago). Follow us, add content, contribute and collaborate.
In this rapidly changing health care system, we must be perpetual learners. Join your fellow members in both teaching and learning. Consider offering your services on one of the CHRMS committees next year, speaking at a CHRMS event or recommending a topic or theme for discussion. Contribute an article or comment to our newsletter. Run for office and become part of the CHRMS Board. Discuss sponsorship with your organization to support the continued delivery of high-quality networking and continuing education programming. And renew your membership, as well as bring in colleagues to join our organization. We are rapidly approaching 300 members which would reach record membership for our organization. Any contribution to our continued success is appreciated. As we begin this new calendar year, CHRMS looks forward to your continued support and contributions. Watch for details on our annual meeting in April, 2012 and begin planning your involvement for next year. Our success is dependent on our membership and through our membership patient care in the Chicagoland area will benefit. For CHRMS, it is about our membership, because it is ultimately about the patient.
Jim Bream
President, CHRMS
Featured Spotlight Member
Genevieve Poladian RN BSN JD
Risk Manager
La Rabida Children's Hospital
How did you get into healthcare?
I received my LPN degree in 1981 and worked for many years as an LPN but then I returned to school for my RN-BSN and worked as an RN for 9 years. In 2006 I went to law school at John Marshall Law School and I thought Risk Management was a great way to mesh nursing and my law degree.I've been in Risk Management at La Rabida since March 2010 and I love it!
Why did you join CHRMS?
I belonged to ASHRM for one year and when it was time to renew my membership I looked into CHRMS and I joined right before the boat cruise in 2011.
Have you, or do you have any interest in volunteering for a CHRMS committee?
I am interested in participating sometime in the future.
What are you looking forward to during your CHRMS membership?
I'm interested in the educational offerings and I am hopeful they will help me prepare to be successful in passing the CPHRM examination. I'd also appreciate education on risk management in the pediatric population.
Member News
June Leigh, longtime member of CHRMS, has moved to sunny Scottsdale, Arizona! June will be working in the Scottsdale branch office as the Assistant Vice President, Risk Control for CNA HealthPro. Congratulations & best wishes, June!
New Members
Welcome New CHRMS Members:
Lisa Austin, Judy Bares, Myra Brown, Patricia Cruz, Megan DeZutti, Jennifer Fry, Heather Gilbert, Marcia Hahn, Nancy Harris, Lisa Homer, Christine Kehoe, Peggy Maksimuk, Vivian Miller, Brad Norrick, Michael O'Connell, John Smith II, Michael Walsh, Johanna Zandstra
If we have overlooked your recent membership, we apologize. Please let us know so we can recognize you!!
Upcoming Events
CHRMS Annual Half-Day Program 2012
"Risk Management: From Cradle to Grave" will be presented at the Hotel Allegro in Chicago on Friday, January 27, 2012 from 12 noon- 4:15pm. The program will focus on risk management for specific population groups including obstetrics, long-term care, autopsy and much more. $60 CHRMS member ($80 non-member) registration is available online and includes lunch. Go to www.chrmschicago.org for information and to register.
The third webinar in CHRMS 2011-2012 Lecture series will be presented on Thursday, February 23, 2012 at 12 pm. Details will be posted on the CHRMS website soon.
Past Event(s)
On November 4, 2011, CHRMS held its annual Law Day. Ninety-six CHRMS members and guests attended an informative day filled with topics including updates on Illinois case law, legislation and verdicts, Cook County Law Divisions's controversial pilot program for simultaneous expert disclosures, property tax exemption status, the provision of charity care in Illinois hospitals, the evolution of the Petrillo doctrine and more.
On December 15, 2011, CHRMS also provided the second webinar in its 2011-2012 Lecture Series, "Breaking Down Informed Consent". Martha Winter, Risk Manager at Advocate Christ Medical Center and Carmel M. Cosgrave, Partner and Chair of the Healthcare Group at SmithAmundsen LLC discussed issues and solutions in managing the informed consent process in healthcare organizations. If you missed the webinar, the recording will be available on the CHRMS website through March 15, 2012. The recording and materials are available at no charge to members and non-members can access the webinar for $25. Details are available on the CHRMS website at www.chrmschicago.org
Communication Committee
We occasionally hear from members that emails are not getting through so we suggest that you contact your IT department and ask that CHRMS emails be marked as "Safe" so they can get past your firewalls. Please inform your IT department that the emails generated by CHRMS actually come from StarChapter's server which is the company that manages our website.
Feature Article
In all of my years of practice there has never been a clear legal answer to who could sign an authorization to obtain a decedent’s records. This came up frequently for individual and corporate health care providers when a decedent’s records were requested and no legal case was filed in the courts. Where a case was pending related to an estate in the Probate Court or alleging medical malpractice (in the Law or Municipal Division) the court had appointed an Administrator or Special Administrator who was legally authorized to sign an authorization to release records. If someone sought a decedent’s record pre suit the law provided no guidance and various practical solutions were implemented (such as having a spouse sign and attest that she was the spouse). HIPAA provided no solution because it relies on state law to define who may authorize release of a decedent’s records.
Finally, we have an answer! Effective October 1, 2011, Public Act 097-0623 amended the provisions for release of physician records (735 ILCS 5/8-802) and the provisions for the release of health care facility records (735 ILCS 5/8-2001) by implementing a new statutory provision, 735 ILCS 5/8-2001.5, setting forth the rules for the release of a decedent’s records. The Act also amended the Illinois Health Care Power of Attorney Act to specifically state the powers of the agent after the principal’s death may include the right to access records. 755 ILCS 45/4-3. This power does need to be set forth in the power of attorney document.
The new section on the release of decedent’s records sets forth who can request a decedent’s records where no executor, administrator or agent exists and when the decedent has not specifically objected in writing to the disclosure of his/her records. First priority is the decedent’s surviving spouse. Where there is no spouse any of the following may request the records:
1. An adult son or daughter of the deceased;
2. A parent of the deceased; or
3. An adult brother or sister of the deceased.
In all cases the requesting party must present to the provider from whom they are requesting medical records both a certified copy of the death certificate and an "authorized relative certificate". The form of the "authorized relative certificate" is set forth in the statute. The statute does not require that this exact form be used, but any certification by a relative must be in substantially that same form.
Now is the time to amend your policies on record disclosures to incorporate this new statutory provision. The death certificate and relative certification should, of course, go into the patient’s medical record. It would be prudent to use the form provided in the statute itself. The fee that may be charged to the requesting party is the same that would be charged for anyone else requesting a record.
AUTHORIZED RELATIVE CERTIFICATION
I, (insert name of authorized relative), certify that I am an authorized relative of the
deceased (insert name of deceased). (A certified copy of the death certificate
must be attached.) I certify that to the best of my knowledge and belief that no executor
or administrator has been appointed for the deceased's estate, that no agent was
authorized to act for the deceased under a power of attorney for health care, and the
deceased has not specifically objected to disclosure in writing. I certify that I am the
surviving spouse of the deceased; or I certify that there is no surviving spouse and my
relationship to the deceased is (circle one):
(1) An adult son or daughter of the deceased.
(2) Either parent of the deceased.
(3) An adult brother or sister of the deceased.
This certification is made under penalty of perjury*
Dated: (insert date)
.......................................................
(Print Authorized Relative's Name)
.......................................................
(Authorized Relative's Signature)
........................................................
(Authorized Relative's Address)
*(Note: Perjury is defined in Section 32-2 of the Criminal Code of 1961, and is a Class 3
felony.) (Source: P.A. 97-623, eff. 11-23-11.)
The Act can be accessed at:www.ilga.gov/legislation/ilcs
Special Announcement
Call for Presentations
CHRMS invites you and your colleagues to submit your application for consideration as a Content Expert and/or Speaker! CHRMS Content Expert Database seeks to compile content experts in the following categories:
Risk Management, Patient Safety, Quality & Operations, Accreditation & Regulatory Compliance, Claims & Litigation, Risk Financing, Insurance, Health Information & Technology, and Lessons Learned.
CHRMS programs and webinars provide a great venue/opportunity for you to represent your employer, disseminate your lessons learned, and network with local healthcare professionals in the risk management field. Please share this colleagues!
Additional information and the applicaiton is available on our website, Quick Links tab, Connections.
Website Feature
Webinars:
As a member, you have access to our recorded webinars. If you missed the webinar, this is the perfect opportunity to take advantage of the free webinar and utilize your membership benefits! Please access the main page www.chrmschicago.org for the link to the recording and PowerPoint slides.
Job Postings:
Members have access to job postings on our website. Please log in http://chrmschicago.org/members.php and select the Classifieds tab to view job opportunities!
Your Memberhip Profile:
CHRMS website (www.chrmschicago.org) offers the ability for you to update your information as it changes. CHRMS members can update their personal and professional information as well as change their password by logging in and selecting "Member Area-My Account Info." From here you can update your information and change your password. Select "Update" at the bottom of the screen to save the changes.
CHRMS Newsletter Submissions
The Communication Committee welcomes submissions for our newsletter! Please feel free to submit newsworthy articles, accomplishments, or announcements to [email protected]. Submissions will be considered for publication based on content, subject matter, and value to our members. Our publication can be mechanism for sharing relevant information to CHRMS members.
