Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

Healthcare Newsletter

Office Matters - Scanning and Shredding Records/Docking Employees on Snow Days

Provided by: Jennifer Kirschenbaum, Esq.

March 1, 2011

Scanning and Shredding Records -

Question:

Jen – How long are medical charts required to be saved before they can be scanned and shredded?

Thanks, A

Answer:

Good question. One that has a couple of answers. In fact, the applicable statutes do not make reference to maintaining an original record -

TITLE 8. EDUCATION DEPARTMENT
CHAPTER I. RULES OF THE BOARD OF REGENTS
PART 29. UNPROFESSIONAL CONDUCT

8 NYCRR § 29.2 (2011)

(3) Failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient. Unless otherwise provided by law, all patient records must be retained for at least six years. Obstetrical records and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 21 years.

However, oftentimes in a medical malpractice action, insurance carriers will require original records. This issue has not been revisited recently and should be updated with the availability of scanning records. So, there is no clear cut ruling on this, and my answer is its a business decision on when you decide to scan and trash. Also, I would recommend following up with your malpractice carrier to see whether it has additional maintanence suggestions/requirements.

Docking Employees on Snow Days

Question:

Jennifer,

Is it alright if I dock my employees on snow days they dont come in?

Thanks, C

Answer:

After checking, there does not appear to be any prohibition against docking employees for failing to work on snow days. However, be advised that if you have a contractual relationship with an employee, you are required, by contract, to abide by its terms. Instituting a new office policy that may conflict with contractual obligations may give rise to liability for your breach of the employment contract, if you attempt to institute new policies in contravention of the contract.

 

For additional information on this topic, contact Jennifer Kirschenbaum at (516)-747-6700 ext. 302 or at Jennifer@Kirschenbaumesq.com.

 

Copyright © 2011 by Kirschenbaum & Kirschenbaum, P.C.
All Rights Reserved. This email is provided for news and information purposes only and does not constitute legal advice or an invitation to an attorney-client relationship. While every effort has been made to ensure the accuracy of the information contained herein, Kirschenbaum & Kirschenbaum PC does not guarantee such accuracy and cannot be held liable for any errors in, any reliance upon this, or losses caused by the information. Under New York’s Code of Professional Responsibility, this material may constitute attorney advertising. Prior results do not guarantee a similar outcome.


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!