Retirement is an exciting milestone, but for physicians, closing a practice involves more than seeing your last patient. One of the most important steps, and a legally required one, is deciding what happens to your patients’ medical records.
Those records contain protected health information (PHI). Federal and state rules govern how they are stored, transferred and destroyed. Mishandling them can lead to compliance penalties, licensing complaints and harm to your professional reputation.
Why Medical Records Must Be Retained After Retirement
HIPAA requires you to safeguard patient information for as long as the records exist. It doesn’t set a retention period for medical records, though. State law does. Requirements vary widely by state and by type of record. Records for minors usually have to be kept until a set number of years after the patient turns 18.
Retiring doesn’t end those obligations. You’re still responsible for making sure records stay secure and available to patients for the full retention period. Before you set a closing date, check your state medical board’s rules.
Your Options for Handling Medical Records When Closing a Practice
1. Transfer Records to Another Physician or Practice
If another provider is taking over your patients, the records can go with them. A written agreement should spell out who is responsible for custody, patient access and future destruction. Patients should be told where their records went.
2. Appoint a Medical Records Custodian
Many retiring physicians designate a custodian to hold their records for the rest of the retention period. The custodian can be a colleague, the practice that bought yours, or a company that specializes in custodial services. Before you sign, confirm:
- How long they will keep the records
- How patients can request copies
- Who pays the fees
- What happens to the records when the retention period ends
3. Digitize Records Before Transfer
Scanning paper charts makes records easier to transfer, search and keep for the long term. Proper indexing lets whoever takes custody find a patient’s file quickly when someone asks for it.
4. Securely Destroy Records That Are Past Retention
Records that have already met your state’s retention requirement can be destroyed so they can’t be read or reconstructed. Shredding is the usual method for paper. Keep documentation of what was destroyed and when.
Notifying Patients of Your Retirement
Many states require you to notify patients before you close, and doing so protects you either way. Notice usually includes:
- Letters to active patients
- Notices posted in your office and on your website
- Instructions for requesting copies of records, including who holds them after you close
Clear communication helps patients and creates a record that you met your obligations.
How Record Storage Systems Can Help
Record Storage Systems works with healthcare organizations in the Charlotte area that are still operating. That includes the practice taking over your patients. Our services include:
- Secure offsite storage in a HIPAA-compliant facility
- Document scanning and indexing to bring incoming charts into your system
- Certified document shredding for records past their retention period, with a certificate of destruction
If your practice is taking on records from a retiring colleague, or merging or consolidating locations, contact us to talk through storage, scanning and destruction.
