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. A. You can enter into a contract with the buyer to fulfill your legal obligations regarding your patients` medical records. This requires either a stand-alone agreement on the retention of medical records or the addition of a retention provision in the Medical Records Custody Agreement. With a Medical Records Custody Agreement, even if one of your former patients does not become a patient of the buyer, the buyer must keep and keep patient records in accordance with applicable laws and allow the former patient to access his medical records, if required by law or the Medical Records Custody agreement. The Medical Records Custody agreement should also require the buyer to give you access to the post-sale records if you need them as part of a review, investigation or litigation. If a pediatrician decides to destroy clinical records after the necessary period, confidentiality should not be compromised. There are record destruction services that ensure that records are properly destroyed without disclosing information. This contribution does not address the sale of medical records. All matters relating to the sale of medical records should be discussed with a qualified public health lawyer. It may be possible to pay for storage in a nearby doctor`s office. Another option is to use secure document storage.
Some paediatricians ask a colleague who still practices in the Community to act as a recording administrator. Q. I really do not want to pay to store the medical records of my former patients or to comply with other statutory requirements with respect to records. How can I transfer these bonds to the buyer? 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. Q. Well, the asset purchase contract says the buyer buys the medical records, doesn`t that mean my obligations stop when the sale closes? A.