Q&A: Requirements for keeping former patients' records
Q: Are we required to keep copies of a former patient’s records after transferring the records to the patient’s new doctor? One of our patients moved out of state, and we were asked to transfer all of the patient’s records to the new doctor. The former patient contacted us again to ask for another copy of the records. Can we direct the patient to contact the current doctor’s office, or do we have to provide these records? If we do, are we allowed to charge for copies now that the patient is no longer “our” patient?
A: State law governs how long you need to retain medical records. It is likely that even though the patient is no longer in the care of your practice, you need to retain the medical records for the period specified by the state your practice operates in. It would be similar to a hospital that treats a patient while the patient is on vacation in another state. Unless the patient makes frequent trips back to the same location, the hospital will likely not see the patient again. The hospital is still required to retain the medical record of that patient for the period of time referenced in the state laws where the hospital operates. The AMA recommends records be retained for 10 years.
As far as the patient’s access to the medical records you retain, you can refer the patient to his or her new doctor. Keep in mind, though, you still have an obligation under the HIPAA Privacy Rule to provide the patient a copy of his or her designated record set, and you need to honor authorizations from the patient to disclose the patient’s medical record to a third party. The patient changing doctors doesn’t change your responsibilities in complying with the HIPAA Privacy Rule. You can charge the patient for a copy of the record as long as it’s in accordance with OCR guidance (www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html) and the laws in the state your practice operates in.
Editor’s note: Question answered by Chris Apgar, president of Apgar & Associates, LLC, in Portland, Oregon. Apgar is also a Briefings on HIPAA editorial advisory board member. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Associate Editor Heidi Samuelson at hsamuelson@hcpro.com.