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Medical Records Custody Agreement

Medical Records Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Medical Records Custody Agreement

"I need a Medical Records Custody Agreement for our private clinic in Manchester to transfer our patient records to a third-party digital storage provider, ensuring compliance with NHS guidelines and including specific provisions for immediate access rights for emergency cases."

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Document background
Medical Records Custody Agreements have become increasingly important in the modern healthcare landscape, particularly with the rise of digital health records and outsourced record management services. This agreement type is essential when healthcare providers in England and Wales need to transfer custody of patient records to specialized custodians while maintaining compliance with strict regulatory requirements. The Medical Records Custody Agreement addresses critical aspects such as data protection, security measures, access rights, and retention periods, all while ensuring alignment with UK GDPR, NHS guidelines, and healthcare-specific legislation. It's particularly relevant for healthcare organizations undergoing digital transformation or requiring third-party record management services.
Suggested Sections

1. Parties: Identification of the custodian and the healthcare provider/organization

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, including relevant legislation and regulatory requirements

4. Scope of Services: Details of record custody services to be provided, including storage, maintenance, and handling of medical records

5. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with UK GDPR and Data Protection Act 2018

6. Access and Confidentiality: Rules for accessing records, maintaining confidentiality, and handling information requests

7. Record Management: Procedures for organizing, indexing, and maintaining medical records in accordance with NHS standards

8. Compliance and Audit: Requirements for regulatory compliance, audit trails, and reporting obligations

9. Term and Termination: Duration of agreement, renewal terms, and termination provisions including record handover procedures

10. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification obligations

11. General Provisions: Standard contractual terms including notices, amendments, and governing law

Optional Sections

1. Disaster Recovery: Procedures for backing up and recovering records in case of system failures or disasters

2. International Transfer: Provisions for cross-border data transfers and compliance with international data protection requirements

3. Insurance Requirements: Specific insurance obligations and coverage requirements for record custody services

4. Sub-Processing: Terms governing the appointment and oversight of sub-processors or third-party service providers

Suggested Schedules

1. Service Level Agreement: Detailed performance metrics, response times, and service standards

2. Security Requirements: Technical and organizational security measures required for record custody

3. Fee Schedule: Pricing, payment terms, and fee adjustment mechanisms

4. Data Processing Agreement: Detailed terms for processing personal data under GDPR and Data Protection Act 2018

5. Record Retention Schedule: Timeframes and procedures for retaining different types of medical records

6. Business Continuity Plan: Procedures for ensuring continuous access to medical records during disruptions

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
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Relevant Industries
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Industries

UK GDPR and DPA 2018: Primary data protection legislation governing the processing of personal data, with specific provisions for health data as special category data

Access to Health Records Act 1990: Legislation governing access to health records of deceased patients and complementing data protection legislation for living individuals

Health and Social Care Act 2012: Framework legislation for health service organization and information governance in England and Wales

Medical Act 1983: Core legislation governing medical practice and professional standards in the UK

NHS Act 2006: Primary legislation establishing the framework for NHS services and information management

Records Management Code of Practice 2021: NHS guidance on managing healthcare records, including retention periods and security requirements

Caldicott Principles: Guidelines for handling patient-identifiable information in the healthcare sector

Data Security and Protection Toolkit: NHS framework for assessing compliance with data security and protection requirements

Human Rights Act 1998: Legislation protecting fundamental rights including privacy (Article 8), affecting medical records handling

Common Law Duty of Confidentiality: Legal obligation to keep patient information confidential, derived from case law and professional standards

Freedom of Information Act 2000: Legislation governing public access to information held by public authorities, including certain medical records

PECR: Privacy and Electronic Communications Regulations governing electronic communications and digital privacy

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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