The Custodian of Medical Records Agreement is essential when healthcare providers need to transfer custody of patient records to a third-party custodian while ensuring regulatory compliance and patient confidentiality. This agreement becomes particularly relevant during practice closures, mergers, or outsourcing of records management. It addresses the specific requirements of English and Welsh law, including UK GDPR, NHS guidelines, and healthcare regulations, while establishing clear protocols for record maintenance, security, and access.
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1. Parties: Identification of the custodian and the entity transferring custody
2. Background: Context of the custody arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including medical records, applicable laws, and custody services
4. Scope of Services: Detailed description of custodial services and responsibilities
5. Compliance Requirements: Legal and regulatory obligations for medical records maintenance under UK GDPR, Data Protection Act, and other relevant legislation
6. Security Measures: Required security protocols for protecting medical records
7. Access and Retrieval: Procedures for accessing and retrieving records
8. Term and Termination: Duration of agreement and termination provisions
1. Digital Records Management: Specific provisions for electronic records management, including backup procedures and electronic security measures
2. Disaster Recovery: Procedures for protecting and recovering records in emergencies or disaster situations
3. International Transfer: Provisions for cross-border data transfers and compliance with international data protection requirements
1. Schedule 1: Record Inventory: Detailed list of records under custody including type, format, and retention periods
2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards for record custody
3. Schedule 3: Security Protocols: Detailed security requirements and procedures for maintaining record confidentiality
4. Schedule 4: Fee Schedule: Pricing and payment terms for custodial services
5. Appendix A: Access Request Forms: Standard forms and procedures for requesting record access
6. Appendix B: Compliance Checklist: Regulatory compliance requirements checklist including GDPR, Data Protection Act, and NHS standards
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