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Custodian Of Medical Records Agreement Template for United States

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Key Requirements PROMPT example:

Custodian Of Medical Records Agreement

"I need a Custodian of Medical Records Agreement for my retiring medical practice in California, transferring 20 years of patient records to a professional storage company, with specific provisions for both paper and electronic records starting March 2025."

Document background
The Custodian of Medical Records Agreement is essential when a healthcare provider needs to transfer responsibility for maintaining patient records to a third party. This commonly occurs during practice closure, retirement, acquisition, or outsourcing of records management. The agreement ensures continued compliance with HIPAA regulations and state laws while protecting patient privacy and maintaining proper access to medical records. It addresses critical aspects such as security measures, retention periods, access protocols, and breach notification procedures, all within the framework of U.S. federal and state healthcare regulations.
Suggested Sections

1. Parties: Identification of the medical practice/provider and the custodian

2. Background: Context of the agreement and reason for custodianship

3. Definitions: Key terms including 'Medical Records', 'Protected Health Information', 'HIPAA', 'Business Associate'

4. Scope of Services: Detailed description of custodian's responsibilities and obligations

5. Compliance Requirements: HIPAA, HITECH, and other regulatory compliance obligations

6. Security Measures: Required physical, technical, and administrative safeguards for protecting medical records

7. Access and Release Protocols: Procedures for authorized access to and release of records

8. Term and Termination: Duration of agreement, termination conditions, and post-termination obligations

9. Confidentiality: General confidentiality obligations and restrictions

10. Fees and Payment: Compensation structure and payment terms

Optional Sections

1. Electronic Records Management: Specific provisions for digital records management and electronic health record systems

2. Disaster Recovery: Procedures for backing up records and recovering from disasters or system failures

3. International Transfer: Provisions for cross-border data transfer and compliance with international privacy laws

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

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of custodian fees and charges

2. Schedule B - Security Protocols: Detailed security procedures and requirements

3. Schedule C - Record Retention Schedule: Specific retention periods for different types of medical records

4. Schedule D - HIPAA Business Associate Agreement: Required HIPAA compliance documentation and obligations

5. Schedule E - Service Level Agreement: Specific performance metrics and service standards

Authors

Alex Denne

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

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Industries

HIPAA: Health Insurance Portability and Accountability Act of 1996 - Primary federal law governing medical records privacy and security requirements

HITECH Act: Health Information Technology for Economic and Clinical Health Act - Expands HIPAA requirements and establishes breach notification rules

42 CFR Part 2: Federal regulations specifically governing confidentiality of substance abuse treatment records

ADA: Americans with Disabilities Act - Impacts accessibility requirements for medical records

Federal Rules of Civil Procedure: Governs requirements for records retention in case of legal proceedings

State Medical Record Laws: State-specific requirements for medical record retention periods and maintenance standards

State Privacy Laws: State-level privacy regulations which may impose stricter requirements than federal HIPAA standards

State Electronic Records Requirements: State-specific regulations governing electronic medical records management

Joint Commission Standards: Professional standards for healthcare organization accreditation including medical records management

Medicare/Medicaid Requirements: Federal healthcare program requirements for medical records maintenance and accessibility

State Medical Board Regulations: Professional standards and requirements set by state medical boards for records management

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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