Navigating Records Requests for Former Patients: A Risk Management Perspective
When healthcare practitioners move between practices, they often find themselves in a murky situation regarding patient records, especially for those patients who are no longer under their care. Dr. Jane, a chiropractor, recently faced this quandary. She was unsure how to handle a records request for a patient from her previous practice. This situation not only presents ethical considerations but also carries potential legal risks that could result in malpractice claims if not properly managed.
What Constitutes a 'Record?'
Records in a healthcare setting could be anything from handwritten notes to electronic health records (EHRs). These documents typically contain sensitive data such as medical history, test results, and treatments provided. Dr. Jane had records both in paper form and on an old server, leading her to question the protocol for maintaining these records.
Advice Given by ChiroFutures Malpractice Insurance Program
As a trusted malpractice insurance provider, ChiroFutures has the resources and expertise to guide healthcare practitioners through such intricate issues. In Dr. Jane's case, the advice was clear: the records must be sent upon request. This is not just best practice, but a legal requirement. Failing to do so could constitute a breach of federal laws like HIPAA (Health Insurance Portability and Accountability Act), state laws and could result in penalties, legal action, and malpractice claims.
Record Retention Period: The 7-Year Rule
Dr. Jane was also advised to retain all patient records for at least 7 years after the patient's last visit or dismissal. This includes patients who have followed her to her new practice and filled out new paperwork. Keep in mind that for children you should maintain those records for 7 years after their 18th birthday. Keeping old records is essential, as they may contain information pertinent to any future treatment, legal cases, or even research.
The guidance for this comes from federal and state laws which mandate the length of time medical records should be kept. The advice also reflects the best practices laid out by medical boards and industry associations. ChiroFutures recommends abiding by the strictest rules if there are any discrepancies between state and federal laws.
Why a Good Malpractice Provider is Invaluable
Navigating the legal and ethical landscape of healthcare can be challenging. Malpractice insurance is not just about protecting yourself financially in the event of a lawsuit; it's about having a partner to guide you through complicated scenarios like the one Dr. Jane faced. When it comes to compliance, a good malpractice provider like ChiroFutures does more than just cover your back financially; they help you understand your obligations, reducing the risk of running afoul of the law.
Conclusion
Dr. Jane's questions were successfully addressed, and she knows she can contact ChiroFutures for further clarifications. Healthcare practitioners should understand that proper record management is not just about organizing files. It's about adhering to ethical principles, legal obligations, and risk management strategies. Having a reliable malpractice insurance provider like ChiroFutures can make all the difference when navigating these intricate matters.
