How to Protect Patient Information After a Closure

A medical practice is responsible for maintaining patient confidentiality, which includes keeping medical records safe and ensuring medical information is available for future care. Even after closure, medical practices are still responsible for maintaining patient confidentiality and protecting patient information. Procedures for protecting patient information vary in different states and practices must take into consideration the regulations regarding patient information after closure, specific guidelines relating to closure in that state, future care of patients, medical insurance requirements (i.e., Medicare guidelines for patient information) and what the patients desire in terms of their future treatment.

Instructions

• 1

  Notify patients in writing regarding the closure of the practice. Ideally, contact patients three months before the closure date. Provide information for emergency care, alternate practices and list of final appointment dates. Provide information on how patients can obtain their medical records from the practice, or how to obtain records in the future. In some states, practices may be required to provide a medical record disclosure form, allowing medical records to be transferred to another medical organization.

• 2

  Assess patients who will require future treatment or prolonged treatment for a chronic condition. Patients who require further treatment will need to register with another practice and may need to be contacted before closure. Ensure patients who require further treatment specify how they want their medical records dealt with (i.e., transferred to another practice) and that they are aware of other centers for treatment.

• 3

  Contact the county medical society or relevant state health body to discuss patient information archiving. In some states, practices are required to hand patient information over to a state archive or state health department for several years, or indefinitely. Other states may require that medical records, and patients, be transferred to another health care provider who will assume responsibility for patient information and care.

• 4

  Check the retention period for patient information and patient records. A retention period determines whether medical records should be transferred, destroyed or handed to the patient, depending on the last encounter the patient had with the practice. For example, if a patient has not attended the practice (or has been "inactive" in the sense that they did not require medical treatment) for 15 years and the retention period for medical information in the state is 10 years, medical records may be destroyed to minimize transfer costs.

• 5

  Determine legal responsibilities. Contact a legal representative, professional health care management organization (such as the American Public Health Association), hospital associations, professional medical bodies or individual health care insurance companies to ensure all relevant procedures have been followed correctly and for further recommendations on retaining patient confidentially. Ensure state regulations have also been followed by consulting with legal representatives.