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Medical Records Custody Agreement Template for United States

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Key Requirements PROMPT example:

Medical Records Custody Agreement

"I need a Medical Records Custody Agreement for my retiring medical practice in California, transferring approximately 5,000 patient records to a third-party custodian who will maintain them for the next 10 years starting March 2025, with specific provisions for patient access and electronic record management."

Document background
The Medical Records Custody Agreement becomes necessary when healthcare providers need to transfer custody of patient records due to practice closure, retirement, merger, or outsourcing of record management. This agreement, governed by U.S. federal and state laws, particularly HIPAA, ensures proper handling of sensitive medical information. It defines specific responsibilities for record maintenance, security protocols, and patient access procedures, while protecting both the healthcare provider and the custodian through clear liability allocation and compliance requirements.
Suggested Sections

1. Parties: Identifies the custodian and the healthcare provider/entity transferring the records

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms including Protected Health Information, Medical Records, Custody, etc.

4. Scope of Services: Details the specific services to be provided by the custodian

5. Compliance Requirements: HIPAA and other regulatory compliance obligations

6. Security Measures: Required security protocols and safeguards

7. Access and Release Procedures: Protocols for accessing and releasing records

8. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Electronic Records Management: Specific provisions for handling, storing, and maintaining digital medical records

2. Disaster Recovery: Procedures for backing up records and recovering them in case of emergencies or system failures

3. International Transfer: Provisions governing the transfer and storage of medical records across international borders

Suggested Schedules

1. Schedule A - Record Inventory: Detailed list of medical records being transferred to custody

2. Schedule B - Fee Schedule: Pricing for various services provided by the custodian

3. Schedule C - Security Protocols: Detailed security requirements and procedures for maintaining records

4. Appendix 1 - HIPAA Business Associate Agreement: Required HIPAA compliance documentation between the parties

5. Appendix 2 - Access Request Forms: Standard forms and procedures for requesting access to medical records

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, security, and patient rights regarding their health information

HITECH Act: Health Information Technology for Economic and Clinical Health Act - Expands HIPAA rules and increases penalties for violations, particularly regarding electronic health records

42 CFR Part 2: Federal regulations governing the confidentiality of Substance Use Disorder Patient Records - More stringent than HIPAA for addiction treatment records

ADA Compliance: Americans with Disabilities Act requirements for accessibility of medical records and accommodation in record-keeping practices

FTC Regulations: Federal Trade Commission regulations regarding data security and breach notification requirements for medical records

State Retention Laws: State-specific requirements for how long medical records must be retained, varying by jurisdiction and record type

State Privacy Laws: State-specific privacy regulations which may impose additional requirements beyond HIPAA

State Storage Requirements: State-specific requirements for physical and electronic storage of medical records, including security measures

CMS Requirements: Centers for Medicare & Medicaid Services standards for medical record maintenance and accessibility

Joint Commission Standards: Accreditation requirements for medical record management in healthcare facilities

Business Associate Requirements: HIPAA requirements for Business Associate Agreements when third parties handle protected health information

Breach Notification Rules: Federal and state requirements for notifying patients and authorities in case of unauthorized access to medical records

Electronic Records Standards: Technical standards and security requirements for electronic health record systems and digital storage

Patient Access Rights: Legal requirements for providing patients with access to their medical records and copies upon request

Disaster Recovery Requirements: Regulations regarding backup systems and recovery procedures for medical records in case of emergencies

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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