The decision to close or relocate a medical practice can be a difficult one, with consequences for patients as well as for the departing physician’s colleagues. Physician practices close or relocate for many reasons, including practice solo, joining another group, relocating, a decision to sell, retire, physician illness, due to the COVID-19 pandemic.
Whether you are temporarily closing or relocating your practice, medical records should be managed properly to reduce compliance risks. Thoughtfully managing the various aspects of closing or relocating a clinical practice ensures the needs of patients continue to be met and potential medical-legal risks are mitigated.
The ultimate decision regarding managing medical records must be made by each healthcare provider considering the circumstances of the situation and in accordance with the laws of the jurisdiction in which the care is rendered.
Managing Medical Records
- When a physician relocates a practice to a new area, it is tempting to leave the records with another physician under some kind of informal agreement. This may not be the correct arrangement. Consider a scenario, if the other physician discards the records because the patients don’t like him. Or what happens if the other physician gets tired of storing the records? Or what happens if the other physician closes his or her practice and access cannot be gained?
- Physicians should have a very clear understanding of what it means to be a medical records custodian. Even if no money changes hands, they should have a contract that clearly delineates responsibilities to store records (including protection from destruction), release them in response to subpoenas, retain them for required periods, and provide access in case there is a need to respond to a suit, audit, complaint, or so forth. We discussed some of the guidelines that can help you in addressing medical records requirements:
- Make provisions for completing all medical records, especially inpatient hospital records.
- Provide patients with easy access to their medical records by enclosing a HIPAA-compliant authorization form in the notification letter you send to them. A copy of the records can be released to their new provider or the patient. When the signed authorization is returned, provide the patient with copies and apply charges as permitted by state law. Do not give original records to patients.
- Provide patients with information on where their medical records will be stored in the future and the length of time (in years) that the records will be retained. Include a permanent mailing address or post office box number for future record requests.
- Arrange a secure storage place consistent with federal and state privacy laws for the original medical records that is safe from theft, vermin, fire, flood, or other weather-related disasters.
- Whether you are closing a practice or relocating, you must comply with state and federal laws that govern medical record retention for both paper and electronic formats. The possibility of a lawsuit after a physician has left or practice has closed always exists. To help defend against any future claims, HIPAA-compliant medical record retention is paramount.
- Some states have very specific guidelines or laws that must be followed. Where no statutory requirement exists, recommendations for retaining medical records are: for adult patients, 10 years from the date the patient was last seen; for minor patients, 28 years from the date of birth; for deceased patients, five years from the date of death. Check any signed HMO or managed care agreements to ensure compliance with the medical records retention requirements of those agreements.
- If a physician chooses to destroy clinical records after a set period of time, confidentiality must not be compromised. Use a record destruction service that guarantees records will be properly destroyed without releasing any information. Records that are destroyed should be listed on a log with the date of destruction.
- When a practice closes, patients should be notified that they may designate a new provider who can receive a copy of the records. Original records should never be given to the patient.
- Original medical records may be transferred to a custodian for storage. Custodians who agree to retain records can be replacement physicians, nonphysicians, or commercial storage facilities. Commercial custodial arrangements for retaining records are usually entered into for a fee, but all agreements should be in writing. A written custodial agreement should guarantee future access to the records for both the physician and patients.
Note that the information shared in this blog does not constitute any legal advice, they are just general guidelines. Managing medical records has become a subject of frustration and dissent for healthcare providers and facilities alike, and for numerous reasons.
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Our billers are well versed with state-specific billing guidelines and reimbursement policies. To know more about our specialty wise billing services, contact us at info@medicalbillersandcoders.com/ 888-357-3226
FAQs:
1. Why is proper management of medical records important when closing or relocating a practice?
Proper management ensures compliance with legal requirements, protects patient confidentiality, and mitigates potential medical-legal risks after the transition.
2. What should physicians avoid when handling medical records during a relocation?
Physicians should avoid informal agreements with other providers to store records, as this can lead to issues with access and record management in the future.
3. How can patients access their medical records after a practice closes or relocates?
Patients should receive a notification letter with a HIPAA-compliant authorization form, allowing them to request copies of their records, which should not include original documents.
4. What are the general guidelines for medical record retention?
Records should typically be retained for 10 years for adults, 28 years for minors from birth, and five years for deceased patients, but specific state laws may vary.
5. What steps should be taken to ensure the secure storage of medical records?
Physicians should arrange for secure storage that complies with federal and state privacy laws, protecting records from theft, fire, or other disasters, and consider using a professional destruction service when records are no longer needed.
