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Medical Records Custody Agreement

Medical Records Custody Agreement Template for Canada

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Key Requirements PROMPT example:

Medical Records Custody Agreement

"I need a Medical Records Custody Agreement for transferring my Ontario-based family practice's patient records to a digital storage provider, with specific provisions for electronic security measures and patient access protocols, as I'm retiring in March 2025."

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Document background
The Medical Records Custody Agreement is essential when transferring custody of patient medical records between healthcare providers or to a designated custodian in Canada. This document becomes necessary during various scenarios, including physician retirement, practice closure, relocation, or when engaging third-party record management services. It ensures compliance with federal legislation like PIPEDA and provincial health information acts, while maintaining professional standards set by the College of Physicians and Surgeons. The agreement covers crucial aspects such as record maintenance, security protocols, access procedures, and privacy protection measures, ensuring continuity of patient care and proper handling of sensitive medical information. It includes specific provisions for both physical and electronic records, addressing modern healthcare record-keeping requirements while maintaining regulatory compliance.
Suggested Sections

1. Parties: Identification of the transferring physician/facility and the receiving custodian

2. Background: Context of the transfer, including reason for custody transfer (retirement, relocation, etc.)

3. Definitions: Key terms including Medical Records, Personal Health Information, Applicable Laws, Authorized Personnel

4. Scope of Records: Detailed description of medical records covered by the agreement

5. Term and Termination: Duration of the custody arrangement and termination conditions

6. Custodian Responsibilities: Core obligations for maintaining, protecting, and providing access to records

7. Privacy and Confidentiality: Requirements for protecting patient privacy and maintaining confidentiality

8. Access and Release of Records: Procedures for handling record requests from patients, healthcare providers, and authorized parties

9. Security Measures: Required physical and technical security measures for protecting records

10. Compliance with Laws: Obligation to comply with relevant healthcare and privacy legislation

11. Fees and Expenses: Cost allocation and fee structure for record maintenance and access

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Electronic Records Management: Specific provisions for digital record maintenance and electronic security measures

2. Third-Party Service Providers: Terms governing the use of external service providers for record storage or management

3. Disaster Recovery: Procedures for backing up records and recovering from potential data loss

4. Transfer of Records: Procedures for transferring records to another custodian if needed

5. Quality Assurance: Standards and procedures for maintaining record quality and accuracy

6. Insurance Requirements: Specific insurance coverage requirements for the custodian

7. Audit Rights: Rights and procedures for auditing record maintenance and access

8. Patient Notification: Procedures for informing patients about the transfer of records

Suggested Schedules

1. Schedule A - Record Inventory: Detailed inventory of all medical records covered by the agreement

2. Schedule B - Fee Schedule: Detailed breakdown of fees for various services related to record maintenance and access

3. Schedule C - Security Protocols: Specific security measures and procedures for protecting records

4. Schedule D - Access Request Procedures: Detailed procedures for handling various types of record access requests

5. Schedule E - Privacy Policies: Detailed privacy policies and procedures

6. Appendix 1 - Authorized Personnel: List of personnel authorized to access records and their level of access

7. Appendix 2 - Required Forms: Standard forms for record requests, releases, and other necessary documentation

8. Appendix 3 - Compliance Checklist: Checklist of regulatory requirements and compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses






























Relevant Industries

Healthcare

Medical Services

Healthcare Technology

Records Management

Data Storage

Professional Services

Medical Practice Management

Healthcare Administration

Privacy and Compliance

Information Technology

Relevant Teams

Legal

Compliance

Privacy

Medical Records

Information Technology

Operations

Quality Assurance

Risk Management

Healthcare Administration

Information Security

Relevant Roles

Medical Director

Healthcare Administrator

Compliance Officer

Privacy Officer

Records Manager

Healthcare Facility Manager

Medical Practice Administrator

Chief Medical Officer

Healthcare Operations Manager

Data Protection Officer

Legal Counsel

Medical Records Supervisor

Quality Assurance Manager

Information Security Manager

Clinical Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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