Custodial Agreement Medical Records

March 5, 2022

This is somewhat ambiguous when it comes to transferring medical records to the outgoing doctor. To the extent that the outgoing MD is not included in the same “organised health agreement” as the incoming MD, (5) would not apply and most likely (1) and (4) would not apply either. This would mean that disclosure would not be allowed without a new authorization from the patient. Their firm has a custom landing page that they can visit to start the registration application process. This gives them peace of mind that they are in the right place. The transfer of medical records may take place as part of an outgoing to incoming MD sale. You need a medical records administrator to manage your private health records so you can be free from legal obligations and future patient requests. If you are ready to retire, contact us so that we can help you with this important transition. Whether it`s notifying patients that we are your custodian of medical records or providing your medical records, we`ll guide you step-by-step through the medical record retention process. Our brief review of HIPAA leads us to the recommendation that a patient authorization be performed for the transfer of patient records (or copies thereof) to the incoming physician.

In addition to notification to the patient, we generally recommend that the outgoing physician ask patients to sign an authorization form in which the patient authorizes the disclosure of their medical record either to the incoming physician or to a physician of their choice. First, HIPAA1 requires the physician to identify a qualified entity or business partner covered by hipAA that is able to manage medical records on behalf of the physician under the terms of a written “record keeping agreement.” Typical terms of these agreements are as follows: With respect to the retention of records by the outgoing physician, HIPAA requires the maintenance of policies and procedures, including patient authorizations (discussed below), for six years (45 CFR 164,530(j)(2)); In addition, there are California laws that require the retention of medical records; and there are reasons for the departing physician to keep a copy of the medical records for review in the event of a negligence claim. The California Medical Board (“CMB”) provides physicians who close your medical office with instructions on “closing or leaving a doctor`s office.” Sometimes the selling and buying physician mutually designates a custodian for the practice`s medical records, and then that custodian signs a business partnership agreement in which the custodian agrees to comply with HIPAA. Please contact Susan E. Target under or Stacy Walton Long under for assistance in creating a retention agreement to cover these medical record agreements. If a patient does not appoint a doctor, the records can be transferred to a commercial storage company, medical group or specific doctor. Our medical records retention team will be happy to guide you through this process. Regardless of whether paragraph 56.10(c)(1) would allow the departing physician to transfer a patient`s medical records to the new physician without the patient`s permission, CMB`s position in closing your physician`s office appears to be that approval is required. Q. I really don`t want to pay to store my former patients` medical records or comply with other legal obligations regarding records. How can I transfer these obligations to the buyer? A: Probably yes.

In Pennsylvania, New Jersey, New York and many other states, doctors have an obligation to keep medical records. In addition, most states require doctors to give patients access to copies of their medical records. These obligations do not disappear when a firm is sold. When we advise our clients to take with them patient records, records, lists or databases when they leave a practice, we are sensitive to the nuances of the departure of the outgoing doctor. For example, a doctor might: * This article does not deal with the sale of medical records. Any questions regarding the sale of medical records should be discussed with a qualified health care lawyer. When medical records are transferred to the custodian of medical records when an office is closed, patients should be informed that they can designate a physician or other provider who can obtain a copy of the records. If you choose a medical records administrator, you will notify your patients by letter and/or email and will also need to notify your state medical authority. However, 45 CFR 164.506 refers to the use or disclosure of PSR by the subject entity for processing. This does not necessarily mean that someone is in the position of outgoing physician (i.e., perhaps not just any entity covered; presumably, the outgoing physician cannot simply transfer patient records to any physician, somewhere). An essential part of closing a doctor`s office is to inform all active patients of upcoming events and offer those patients the opportunity to submit their medical records to another doctor or healthcare facility of the patient`s choice. In many cases, after the practice is closed, the physician may still be required to keep certain patient records for which he or she remains responsible and must take reasonable precautions.

These reasonable arrangements usually involve the transfer of records to another physician or qualified entity. 844 IAC 5-2-6 (a)-d). In all cases, such a transfer must be made in accordance with all applicable requirements that apply to these medical records. A. No. Although most asset purchase agreements explicitly provide for the sale of medical records as assets and often even attach value to medical records, the sale of records does not release the seller from its reservable assets and corresponding obligations.* A. You can enter into a contract with the buyer to meet your legal obligations with respect to your patients` medical records. This is done either through a stand-alone medical record retention agreement or by adding a deposit account provision in the asset record retention agreement. With a medical record custody contract, even if one of your former patients does not become a buyer`s patient, the buyer must store and retain the patient`s records in accordance with applicable laws and, if required by law or medical record custody agreement, grant the former patient access to their medical records. The medical record retention agreement should also require the buyer to grant you access to the records after the sale in case you need it as part of an audit, review, or litigation. Contact our health care legal team when you leave a doctor`s office.

Under California Civil Code Section 56.10(a), which is part of the California Medical Information Act (“CMIA”), a health care provider “may not disclose medical information about a patient.” without first obtaining a permit”, with a few exceptions. .