Different types of notary processes will help your organization certify the legitimacy of healthcare documentation. This is commonly used during the release of information to prepare patient records for court.
Still, you may wonder which type of notarization may best help your practice save time and reduce costs. This comprehensive guide will teach you which notary services are available and how to implement them for smoother everyday documentation.
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What Is a Notary?
A healthcare notary is a person commissioned by the state to prevent fraud by verifying the authenticity of important documents. In healthcare, they work often certify medical data, wills, and other documents.
In some cases, notaries may require oaths from signers to affirm the integrity of medical records and safeguard the rights of all parties involved.
How To Find a Notary for Your Healthcare Practice
Notarization mistakes can lead to costly legal penalties. A well-qualified notary minimizes the risk of data errors, fraud, or misrepresentation.
If you’re seeking a qualified notary for your healthcare practice, read our article comparing hiring and training an in-house notary.
For a brief breakdown, you can follow these simple tips:
1. Seek Specialized Experience
You should commission a notary who has experience handling medical records, wills, and powers of attorney. Inquire about their familiarity with notarizing sensitive healthcare documents to ensure they understand privacy requirements like HIPAA.
2. Check for Proper Credentials
Your chosen Notary should hold an updated license, bond, and insurance plan corresponding to your state’s laws. You can check credentials with your state’s notary authority online. For digital or Remote Online Notarization (RON), check that they have certifications for electronic or remote notarizations.
3. Seek Recommendations
Ask colleagues, legal professionals, or healthcare networks for notary referrals. Small and large practices can recommend notaries with proven track records suited to your business needs.
4. Review Customer Feedback
Examine reviews or testimonials from other healthcare organizations or clients. This step can help your team evaluate a notary’s professionalism, reliability, and skill.
Knowing the types of notary services they offer can further inform your decision.
4 Types of Notary Models You Should Understand
Regulations heavily govern the healthcare industry, making your legal compliance a top priority during the hunt for a notary. Understanding the different types of notary models can help you determine the most efficient and secure way to handle medical records management.
1. Wet Notary
A wet notary refers to the conventional practice of signing a physical document using pen and ink, followed by the application of an official seal by the notary public. The term “wet” denotes the use of wet ink to produce the signature.
Wet Notary is the most common and accepted form of notary service. It provides a tangible record and is easy to authenticate.
When Is Using a Wet Notary Appropriate?
Wet notarization is a good choice when navigating variables like:
- Patient Comfort and Familiarity: Many patients, may be more comfortable with traditional paper documents and ink signatures. This familiarity can make the sign-off process less stressful for them.
- Legal and Regulatory Requirements: States like New York, California, Texas, and Florida require or suggest wet notarization when executing living wills and healthcare proxies.
- Technology Limitations: Wet notarization is practical and efficient for facilities with limited access to reliable digital tools.
Limitations and Challenges of Wet Notary
Understanding the limitations of a wet notary method can prevent pitfalls.
- Time and Location Constraints: Wet notarization requires all parties to be present during signing. This caveat can create challenges if your signers need to travel or reside in different cities. Wet notaries may also be impractical if your practice needs urgent notarizations outside regular business hours.
- Risk of Document Loss or Damage: Physical documents are prone to damage and loss. Unauthorized tampering can be another issue you experience before these documents reach their final destination. Problems like this typically occur during the mailing cycle.
- Higher Costs: Wet notarization may incur additional costs, such as transportation and service fees. It also requires printing and storing paper copies, which can be expensive if you manage a smaller practice.
2. Mobile Notary
Visiting the notary office can disrupt your already packed schedule of appointments and patient consultations. Fortunately, you can substitute this method with a mobile notary service. Mobile notaries can travel to your location and provide on-site wet or electronic notarizations.
Perks To Enjoy When Choosing a Mobile Notary
A mobile notary can transform your verification procedures without you leaving the office. Review the following benefits to determine if this method is right for your practice:
- Urgency: A mobile notary can provide prompt verification when a patient signs advanced directives or when medical records need urgent certification for legal use.
- Patient Comfort: A visiting mobile notary is convenient for patients who are physically disabled, bedridden, or in critical condition. This approach proves especially important when notarizing vital documents like healthcare powers of attorney or consent forms.
- Privacy and Compliance: Among the different types of notary services, a mobile notary will confirm that sensitive documents are secure and compliant with privacy standards.
Considerations and Costs of Using Mobile Notary
A mobile notary is a wise choice for many when it comes to the different types of notarization methods. Nevertheless, it’s essential to note some costs associated with these services before you commit.
- Scheduling: The availability of a mobile notary service can be spotty, depending on their demand. If your request is urgent or outside regular business hours, make sure to book your Notary in advance.
- Costs: Mobile notaries may charge extra fees for the travel time and distance it takes to reach your location. Discuss all fees beforehand to avoid surprises on your invoice.
- Additional Services: Extra services like document preparation, photocopying, or arranging witnesses will add to the overall cost of hiring a mobile notary.
3. Remote Online Notary
A remote online notary is a public notary who performs document verification over the internet using live video and audio communication tools. The Notary and signer can be in different locations as long as a secure online platform can connect both parties.
Whether you’re managing care plans or dealing with protected health information (PHI), RON offers a secure and efficient solution for notarizing documents online.
Requirements of a Valid RON Transaction
A valid RON transaction can hasten legal proceedings dependent on notarized medical documents. Parties involved will also incur fewer costs and avoid retracing their steps in the notarization process.
Observe the following requirements to keep your RON transaction valid:
- Use Approved Platforms: Use a RON platform approved by your state’s regulatory body. These platforms must comply with specific security and anti-tampering technology standards.
- Verify Identity: Confirm the signer’s identity using robust identity verification methods, such as knowledge-based authentication questions, credential analysis, and government-issued IDs.
- Record the Session: Record the entire notarization process, including the video conference, to maintain a verifiable transaction record.
- Digital Signatures and Seals: The signer must apply their electronic signatures and the notary seal correctly and securely to the documents.
- Training and Certification: Make sure your chosen Notary receives proper training and holds the certifications to perform RON transactions, following state requirements.
4. Electronic Notary (e-Notary)
Electronic notarization (or e-Notary) allows the use of digital signatures and electronic seals while requiring the physical presence of both the signer and the Notary. This modern approach bridges the gap between traditional and fully remote notarization.
Additionally, e-Notary effectively eliminates the risks of damage and delays associated with paper-based processes.
A Brief History of Electronic Notary Methods
Electronic notarization emerged in the late 1990s as technology began to transform traditional types of Notary.
Virginia passed the first law authorizing e-notary use in 2005, encouraging other states to follow. The model evolved further in 2011 when Virginia introduced RON, allowing notarizations to occur online. Texas, Nevada, and others soon adopted similar laws.
The National Notary Association introduced the Model Electronic Notarization Act in 2017 to standardize all practices. Building on this, lawmakers proposed the SECURE Notarization Act at the federal level in 2020 to establish a nationwide framework for RON. The COVID-19 pandemic hastened the adoption of e-notarization, leading many states to authorize or expand its use.
Today, healthcare and legal professionals recognize e-notary and RON as secure verification models. Many rely fully on this method to meet the needs of a digitally dependent patient population.
Best Practices for Smooth E-Notary Implementation
The following tips can help streamline your e-notary experience while maintaining compliance and security:
- Patient Awareness: Inform your patients to understand the e-notary process. Explain the steps clearly and answer any questions they might have about legality and security. You should only notarize documents for sober and alert patients capable of understanding the process to maintain validity.
- Alternative Signatures: Be familiar with the guidelines for alternative signatures, such as using a mark or having a representative sign on behalf of the patient if they are unable to sign.
- Secure Identity Verification: Use robust methods for verifying the signer’s identity, such as multi-factor authentication and credential analysis.
- Data Security: Protect patient information using devices with HIPAA-compliant encryptions and secure storage for electronic records.
- Training and Certification: You and your staff should train to comprehend the legal and technical aspects of the e-notary process.
- Use Approved Platforms: Use state-approved e-notary and RON platforms equipped with secure, tamper-evident technology to guarantee the integrity of notarized documents.
What Is the Gray Market?
The gray market refers to states where the legal framework for e-Notary and RON is either unclear or still developing, like South Carolina.
The following factors continue to hinder the total adoption and recognition of e-Notary and RON:
- Temporary e-Notary and RON: Some states temporarily allow digital notarization without a permanent legal framework.
- Unclear Regulations on e-Notary and RON: Legality isn’t always black and white, forcing notaries to interpret these regulations freely.
- Slow Legislation: Gaps or ambiguities in the law may develop as legislators try to update regulations around technologies like e-Notary or RON.
- Non-Acceptance: While 47 states have passed RON laws, states like Delaware and the District of Columbia do not permit other types of Notary besides wet Notary.
Compliantly Notarize Medical Records
Whether you’re aiming to hire a new Notary for your practice or want to help your existing Notary achieve their full potential, ChartRequestPlus Digital Notary can help. Our compliant digital stamps and signature tools are free for ChartRequest partners.
Book a no-cost, no-commitment consultation to determine which partnership option may be best for your practice and unlock your free digital notary tools.
