QUESTIONS / MEDICAL RECORDS
Who owns the medical records?
A physician leaves and wants to take patient charts. A patient asks for a full copy of their records. A practice is closing or being sold. Each one raises the same question.
WHAT YOU’RE ASKING
Who owns the records, who can get copies, and what do we have to keep?
WHY IT MATTERS?
The practice usually owns and keeps the records, but patients have a right under HIPAA to get copies of their own information within set time limits and at a reasonable cost. State laws set how long records must be kept and what a practice has to do when a physician leaves or the practice closes.
Departing physicians, buyers and successor practices often need access too. Without clear written terms, records become a source of conflict.
WHAT WE REVIEW
Employment and partnership agreements on records and patient notices
Patient access requests and fees
Retention periods and storage
Records custody when a practice closes or is sold
Subpoenas and third-party requests
EHR vendor contracts and data return
WHAT YOU LEAVE WITH
Clear written terms on who keeps the records, a process for access requests, and a plan for retention and custody.
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