American Health Information Management Association. Position statement. Issue: protecting patient information after a closure.
Patients trust their healthcare providers to respect their privacy, maintain the confidentiality of their health information, and assure its availability for their continuing care. When healthcare facilities close or medical practices dissolve, providers must be concerned with the protection of health information. Procedures for disposition of patient records must take several factors into consideration, including: state laws regarding record retention and statutes of limitation; state licensing standards; Medicare requirements; federal laws governing treatment for alcohol and drug abuse (if applicable); guidelines issued by professional organizations; and the needs and wishes of patients. In some states, a state archive or health department will store health records from closed facilities. Generally, state regulations recommend records be transferred to another healthcare provider. If a healthcare facility or medical practice is sold to another healthcare provider, patient records may be considered assets and included in the sale of the property. If a facility closes or a practice dissolves without a sale, records should be transferred to another healthcare provider which agrees to accept the responsibility. If this is not feasible, records may be archived with a reputable commercial storage firm. Before records are transferred to an archive or another provider, patients should be notified, if possible, and given an opportunity to obtain copies of their health information. This may be done by publishing a series of notices in the local newspaper. Regardless of the archival method used, the provider must assure that the integrity and confidentiality of the patient health records will be maintained and that the records are accessible to the patient and other legitimate users.
D003219:Confidentiality; D006271:Health Facility Closure; D008500:Medical Records Department, Hospital / Q000592:standards*; D012952:Societies; D014481:United States