Provided by:  Jennifer Kirschenbaum, Esq.

April 12, 2022


Hi Jennifer,
I have decided to close up my practice and take a job at a hospital. What should I do with my patients' medical records? Do I have to pay for a custodial service?

Thank you in advance.  Dr. J.


Glad to see you recognize the continuing obligation the medical record poses.  As custodian of the patient record, you do have to coordinate for storage and recovery, or transfer to another covered entity or other, for such time as HIPAA dictates the record is active - which will be 6+ years for adult patients and the greater of that or 1 year over majority for minors.  My preference is you find a covered entity to pay you for the right to serve as custodian.  Your best bet may be a direct competitor in the area.  Once you have an interested party and some basic terms (perhaps, pick up date for the records and consideration to be paid), we can pen a Medical Record Transfer Agreement with agreed upon terms, including terms related to HIPAA compliance.