One. The contract for the retention of the medical record must provide that the buyer agrees to comply with all applicable HIPAA regulations. Although the buyer has access to all patient records at the close of the sale, the buyer and the buyer`s employees should not access the records unless your former patient becomes a patient of the buyer. Finally, by agreeing to act as custodian of your medical records, the buyer is providing you with a service, and since the service involves the use or disclosure or protection of the medical information on your behalf, the buyer is your business partner. Therefore, the parties should conclude a Trade Partnership Agreement. Q. Do I have to pay the buyer to provide this child care? One. 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. Q. Well, the asset purchase agreement says the buyer buys the medical records, doesn`t that mean my obligations end when the sale is over? 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? One. As a general rule, no payment is exchanged for childcare. the value of the services is added to the value of the asset purchase.
If the parties plan to make ongoing payments for custodian services, it would be important to consider any state or federal fraud and abuse laws that may be affected by such payments. The Personal Health Information Protection Act, 2004 (RAPPA) allows physicians who are medical record administrators to share patients` personal health information with a potential successor so that the potential successor can evaluate and evaluate the physician`s practice as long as the potential successor enters into an agreement on the confidentiality and security of the information.2 if you provide medical records to a person who is legally authorized to keep the transfer agreement documents in a written agreement. An agreement may take into account the following: Generally, it is considered a best practice for physicians retiring or moving their practice outside of their current community to try to find a successor to take over all or at least part of the practice. However, the College recognizes that this will not always be possible for a number of other reasons. If there is uncertainty about who is responsible for the medical records of a deceased physician, a call to the CMPA or the College`s Physician Advisory Service may be helpful. For more information on medical records and practice closures, see the resources below. Doctors who close their doctor`s office often turn to the university for advice on what to do before closing their doctor`s office. The college also receives calls from patients who ask how they can get their medical records, get late prescriptions, or lab reports because their doctor has closed their practice. When a physician dies, the administrator of the physician`s estate is considered to be the custodian of the records until the retention and control of the records is transferred to another person legally authorized to retain them.3 In cases where it is not possible to agree on a successor or where patients decide not to associate with the intended successor, Doctors can always help patients find a new health care provider. The CMPA is a national organization and offers comprehensive advice on a range of medico-legal issues.
Physicians are advised to consult the Agency`s guidelines and consultation document on the issues of closing a medical practice. . Q: I sell my practice; Do I have obligations regarding my patient`s medical record? *This article is not about the sale of medical records. Any questions regarding the sale of medical records should be discussed with a qualified health care lawyer. 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. A. No.
Although most asset purchase agreements explicitly provide for the sale of medical records as an asset and often even value medical records, selling the records does not release the seller from its storage and obligations.* © 2022 Hillsboro Free Methodist Church. All rights reserved. Hillsboro Free Methodist Church 1400 Seymour Ave, Hillsboro, IL 62049 (217) 532-2216 Church Office Hours Monday through Friday from 8:00 a.m.m. to 12:00 p.m. .m.m.