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Medical Records Custody Agreement for the United States

Medical Records Custody Agreement Template for United States

A Medical Records Custody Agreement is a legal document used in the United States that establishes the terms and conditions for the transfer, storage, and management of medical records from a healthcare provider to a designated custodian. The agreement ensures compliance with HIPAA regulations, state-specific medical record laws, and other applicable federal requirements. It outlines responsibilities for maintaining confidentiality, security measures, access protocols, and record retention periods.

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What is a Medical Records Custody Agreement?

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.

What sections should be included in a Medical Records Custody Agreement?

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

What sections are optional to include in a Medical Records Custody Agreement?

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

What schedules should be included in a Medical Records Custody Agreement?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Document Type

Medical Agreement

Cost

Free to use

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