The Custodian of Medical Records Agreement is essential when a healthcare provider needs to transfer responsibility for maintaining patient records to a third party. This commonly occurs during practice closure, retirement, acquisition, or outsourcing of records management. The agreement ensures continued compliance with HIPAA regulations and state laws while protecting patient privacy and maintaining proper access to medical records. It addresses critical aspects such as security measures, retention periods, access protocols, and breach notification procedures, all within the framework of U.S. federal and state healthcare regulations.
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1. Parties: Identification of the medical practice/provider and the custodian
2. Background: Context of the agreement and reason for custodianship
3. Definitions: Key terms including 'Medical Records', 'Protected Health Information', 'HIPAA', 'Business Associate'
4. Scope of Services: Detailed description of custodian's responsibilities and obligations
5. Compliance Requirements: HIPAA, HITECH, and other regulatory compliance obligations
6. Security Measures: Required physical, technical, and administrative safeguards for protecting medical records
7. Access and Release Protocols: Procedures for authorized access to and release of records
8. Term and Termination: Duration of agreement, termination conditions, and post-termination obligations
9. Confidentiality: General confidentiality obligations and restrictions
10. Fees and Payment: Compensation structure and payment terms
1. Electronic Records Management: Specific provisions for digital records management and electronic health record systems
2. Disaster Recovery: Procedures for backing up records and recovering from disasters or system failures
3. International Transfer: Provisions for cross-border data transfer and compliance with international privacy laws
4. Insurance Requirements: Specific insurance coverage requirements for the custodian
1. Schedule A - Fee Schedule: Detailed breakdown of custodian fees and charges
2. Schedule B - Security Protocols: Detailed security procedures and requirements
3. Schedule C - Record Retention Schedule: Specific retention periods for different types of medical records
4. Schedule D - HIPAA Business Associate Agreement: Required HIPAA compliance documentation and obligations
5. Schedule E - Service Level Agreement: Specific performance metrics and service standards
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