Although proper charting of medical and treatment information has always
been important for medical malpractice prevention, it is now also important as
a compliance measure for billing fraud issues. The old rule in medical
malpractice was that if it was not in the chart, it was not done. Auditors
looking for insurance or Medicare fraud use the same standard: if the medical
necessity of the care is not documented along with the care, then the bill for
the care is fraudulent. In the best case, the medical care practitioner will have
to refund the amount paid. In the worst case, there is a $5,000 fine per
fraudulent bill, plus jail time.
The most important information is the basic patient data. The chart must
contain enough information for a medical care practitioner unfamiliar with the
patient to provide appropriate care. This should include physiological
information, therapeutic information, and any special patient characteristics
such as allergies or handicaps. This information should be summarized on a
cover sheet. There are several acceptable styles for providing this summary,
but they share an emphasis on rapid identification of abnormal findings, the
recording of problems that will require attention on future visits, and a way to
ensure that the physician is notified if the patient misses a follow-up visit.
The record should also contain family and legal information. For minors, the
names of the parents or guardians should be in the chart, and a prominent
notation as to who is legally able to consent to the child’s care. Most
important, the chart should note any special legal constraints, such as a parent
who is not allowed to consent to care, who is not allowed to pick up the child
from the clinic, or who is not allowed to have access to the child’s medical
information. If patients have a living will or durable power of attorney, this
should be noted in the chart and a copy attached, if available. Adult family
information—spouses, children, significant others—should be recorded and a
note made if other members of the family are patients of the practice. The
medical care practitioner may review the other patients’ charts to look for
medically significant information, such as the risk of spreading infectious
diseases between family members. However, the medical care practitioner
must not share one adult’s medical information with another without the
patient’s consent. If there is consent to share information, it should be in
writing and filed in the chart. If the medical care practitioner believes that a
patient may endanger others by spreading disease, then the proper response
is to report this to the public health authorities and ask for their help and
advice.