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Medical Practice Transfers and Closings: Addressing Medical Records Issues

Custodial Arrangements, Record Retention, Maintenance and Access

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 18, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel on issues with medical records when a medical practice is being transferred or is closing. The panel will discuss what should be done up front to comply with legal and professional standards as well as the impact doing so has on the sale. The panel will also address what happens if the parties fail to resolve medical record issues and significant problems that could arise.

Description

The transfer of medical records may arise in many transactions from the departure of a physician to consolidation or sale of a practice. Even if the patients do not own their medical records, they have many rights related to the files. Absent falling into an exception, prior patient authorization is required to use and disclose protected health information (PHI). The healthcare operations exception under the HIPAA Privacy Rule includes the sale, transfer, merger or consolidation of a covered entity with another covered entity.

The parties involved must address issues related to access to the records as well as ensure compliance with records retention requirements. A healthcare provider’s obligations of medical record maintenance, access and confidentiality do not disappear because a physician retires, closes or sells his practice.

How parties handle medical records can have lasting implications on other aspects of the transaction. Consequently, the parties involved in the deal should consider addressing the transfer of medical records on the front end to minimize potential problems.

Listen as our authoritative panel examines the issues with medical records when a medical practice is being transferred or is closing. The panel will discuss what should be done up front to comply with legal and professional standards as well as the impact doing so has on the sale. The panel will also address what happens if the parties fail to resolve medical record issues and the significant problems that could arise.

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Outline

  1. Addressing medical records issues up front in medical practice transfer or closing
  2. Significant medical records issues in the sale/transfer
  3. Consequences of failing to address medical record issues up front and problems that could arise

Benefits

The panel will review these and other pivotal issues:

  • What problems can arise if parties fail to resolve medical record issues at the front end of a healthcare transaction?
  • What medical record issues are particularly important to address?
  • What strategies should counsel employ regarding medical records when structuring healthcare transactions such as sale or consolidation of a physician practice?

Faculty

Hindmand, Rick
Rick L. Hindmand
Counsel
McDonald Hopkins

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and...  |  Read More

Nussbaum, Gerard
Gerard Nussbaum, JD, MS, CPA, CMA, RCDD
Principal
Zarach Associates

Mr. Nussbaum is an experienced strategic adviser and healthcare executive with mastery of digital health, information...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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