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Subject:
From:
"Allan, Liz" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Mon, 17 Sep 2007 16:19:53 -0500
Content-Type:
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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
___________

Note that there can be differences in the way medical records are
maintained by hospitals and other facilities versus physician offices.

Hospitals are well aware of the rules and regs, and most plan ahead to
identify medical records for appropriate destruction.   Pediatric
patients can be identified by date of birth, and information systems can
identify which patients have been seen in the previous 7 years.  The
records of patients returning for continuing care are usually updated
with the most current year so that they are not maintained with older
records eligible for destruction.  Physician offices deal with much less
volume and do not always have the information systems to track the
records in the same way.

Disclosure:  I work for a records management company here in California
and most of our hospital clients maintain their medical records far
longer than the law dictates, and for various reasons:  #1 is patient
care, but also research, commitment to the community, litigation, etc.
The issue with the Pennsylvania hospital as I understand it (and perhaps
the one in So California as well) is closure of the facility and no one
left to maintain the records, not that the facility has abandoned the
records or is ignoring the rules.

In California (and, I suspect, in other states as well) the rules and
regs cover hospitals and outpatient surgery centers and clinics and
radiology services, etc. - but do not cover individual physician
offices.  Therefore, a patient may be able to obtain their records from
a facility years later but find their physician has retired or moved out
of state and the records are destroyed.   Most physicians are aware of
the importance of the medical records they keep, both to their patients
and for themselves in case of litigation; their insurers and attorneys
often want them to keep the records 'forever.'

Liz Allan, RHIA
SOURCECORP Deliverex
San Jose, CA


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