>>Would the records still fall undr the jurisdiction of the California
laws?  Don't the records (based on HIPAA) belong (at least in part) to the
patient?<<

Just a couple of comments.  First, hospital records fall under the law of
the state that licenses the hospital.  The laws very from state to state.
And while the records may contain your information, the medical facility who
created the records owns them, not the patient.

IM appears to be following the regulations provided by the PA DOH:

§ 115.23. Preservation of medical records.
http://www.pacode.com/secure/data/028/chapter115/chap115toc.html

 (a)  Medical records, whether original, reproductions or microfilm, shall
be kept on file for a minimum of 7 years following the discharge of a
patient.

 (b)  If the patient is a minor, records shall be kept on file until his
majority, and then for 7 years or as long as the records of adult patients
are maintained.

 (c)  If a hospital discontinues operation, it shall make known to the
Department where its records are stored. Records are to be stored in a
facility offering retrieval services for at least 5 years after the closure
date. Prior to destruction, public notice shall be made to permit former
patients or their representatives to claim their own records. Public notice
shall be in at least two forms, legal notice and display advertisement in a
newspaper of general circulation.
Bill R

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