In a message dated 9/17/2007 2:33:00 PM Central Daylight Time,
[log in to unmask] writes:
So in this case, how would a storage vendor know if the patients the records
were being stored for were dead or alive, or when they died?
It is up to the entity who owns the records, not the storage vendor.
"I agree, but I guess if it isn't in the law, then they would have to follow
posted statutes"
Since (grinning) most doctors seem to think they are the law in certain
instances, they really do not follow the posted statutes, and as we all know many
companies keep certain record series longer than the law requires for a
variety of reasons
"And not to throw a real monkey wrench into this, but based on Alabama having
a different statute for determining what to do with pediatric records, what
if the patient wasn't a California resident? 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?"
Not being an attorney, I have found in Alabama, that the state in which the
patient is a resident is not what the retention period is determined by but by
the location/state where the record was created and the patient seen -
Alabama. For instance, a number of patients from surrounding states are seen at
the University of Bham Medical Center,
I think it might be interesting to learn what states other the CA & AL have
for retention periods.
Trudy M. Phillips
File Management, LLC
"Bringing Order Out of Chaos"
8440 Lanewood Circle
Leeds, AL 35094
Office: 205/699-8571 Fax: 205/699-3278 _www.filemanagement.com_
(http://www.filemanagement.com/)
We now have a Huntsville office.
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