When a pediatrician closes the practice and leaves, it is more difficult to know what to do with medical records. After the patient has been given sufficient time to be cared for or transferred to another physician, the outgoing pediatrician still has reason to keep the file. The retention of medical records of minor patients is more complex. A basic rule is to keep the medical record until the patient reaches the age of majority (often 18 years, but not always) plus the statute of limitations for minors in that state. The statute of limitations is the period within which a complainant can sue someone for civil misconduct, such as alleged medical malpractice. Prescription periods vary from state to state and there are differences in the statute of limitations for adults and minors. To further complicate an already complex problem, some states have a waiver from the “continued treatment” which states that, when a patient is treated over a longer period of time, the statute of limitations does not begin until the date of the last treatment. For example, if a pediatrician treats a patient until the age of 22 and the time to appeal for a default in this condition is 7 years, the pediatrician should keep the patient`s records until at least age 29. Legal advice on this issue is essential. It is important that the medical record is available as long as it can be used to defend against a charge of misconduct. Q. Well, the asset purchase contract says the buyer buys the medical records, doesn`t that mean my obligations stop when the sale closes? one. The Medical Records Custody agreement should provide that the buyer agrees to comply with all applicable hipaa provisions.
Although the buyer has access to all patient records from the conclusion of the sale, the buyer and the buyer`s staff should not access the records unless your former patient becomes the buyer`s patient. Finally, the buyer provides you with a service by agreeing to act as the manager of your medical records and, as the service includes use or disclosure or protected health information on your behalf, the buyer is your business partner. Therefore, the parties should enter into a counterparty agreement. Administrators who agree to keep records may be doctors, non-doctors or medical records in shopping storage centres. Keeping records is a difficult problem. There is no “clear line” in accordance with federal and national law that determines the length of medical records to be kept in all cases. Instead, a practice must strive to assemble a patchwork of State Medical Board statutes, regulations, jurisprudence and position statements. A.
No. Although most asset purchase contracts specifically provide for the sale of medical records as assets and often even give importance to medical records, the sale of the records does not exempt the seller from its retention and related obligations. All matters relating to the sale of medical records should be discussed with a qualified public health lawyer. one. You can enter into a contract with the buyer to fulfill your legal obligations regarding your patients` medical records.