Medical Records Retention Laws in Texas

Because patient records are filled with personal health information (PHI), they must remain private and secure at all times. It`s not just a moral obligation to your patients, it`s a legal obligation, and it`s important that you work with a trusted medical records manager who can ensure the security of your medical record throughout the on-call process. J. Records obtained from another physician or health care provider involved in the patient`s care or treatment should be kept in the patient`s medical record. B. A physician must disclose records required by law, such as: reporting communicable diseases or gunshot wounds or suspected cases of child abuse, etc., or when the patient`s treatment is under peer review; Contact us today for a no-obligation quote for the maintenance of your Texas medical practice`s medical records. B. Notify the TSBME when you quit smoking, retire or move and are no longer available to patients, and specify who has custody of the records and how medical records can be kept. 1. Are there exceptions to the general rule that physicians must maintain the confidentiality of medical records? Physicians must create an “appropriate medical record” that meets the following standards: Where appropriate, subjective information should be provided to the patient in the records, unless the patient determines, in the exercise of professional judgment, that access to the information would adversely affect the patient`s physical, mental or emotional health.

If the physician denies the request for copies of medical and/or billing records, or a summary or account of records, in whole or in part, the physician must provide the patient with a written, signed, and dated statement stating the reason for the rejection and how the patient may file a complaint with the U.S. Department of Health and Human Services (if the physician is subject to HIPAA) within 15 business days of receipt of the request. and EMBST. A copy of the statement of rejection of the request may need to be included in the patient`s medical and/or billing records. One. A physician must disclose patient records under oath in accordance with the instructions of a subpoena or other written request if issued by EMEST or the Attorney General`s Office; A doctor may destroy medical records relating to civil, criminal or administrative proceedings only if he knows that the proceedings are definitively closed. If a patient was under the age of 18 at the time of the last treatment, the hospital may approve the disposition of the patient`s medical records beginning on the patient`s 20th birthday or the 10th anniversary of the patient`s last treatment. whichever is later. No. Medical and/or billing records requested as a result of a formal release request should not be withheld from a patient, their authorized representative or the patient`s designated recipient for such records, based on a late medical care or treatment bill previously provided to patient K. The Council recognizes that the nature and extent of medical work and documentation vary depending on the type of service, the place of work and the status of the patient. The above information may be modified to reflect these varying circumstances in medical care.

Can a physician record the medical records of a patient he or she has treated upon the termination or dissolution of a group practice? 4. What obligations does a physician have to provide medical records at the patient`s request? Any method of destroying medical records must protect confidential information and the identity of the patient. When a healthcare facility or medical practice closes, hiring a medical records company administrator to manage patient records makes the next venture easier for doctors and staff. In Texas, medical records must be kept for at least 6 years. Desert River Solutions makes it easy for you to ensure that your patients have access to their medical records for the time required by law. N. If applicable, a copy of a letter regarding the need for payment for the copy of the requested medical record must be part of the patient`s medical and/or billing record. A physician may charge a separate fee for requested medical and billing records. The fee shall not include costs associated with searching and retrieving the requested information. If a patient was under 18 years of age at the time of the last treatment by the physician, the patient`s medical record is retained by the physician until the age of 21 or seven years from the date of the last treatment, whichever is longer. I.

Any addition, addition, modification or correction to a medical record that was not made at the same time as the act or observation must be noted indicating the time and date of the change, addition, modification or correction and must clearly indicate that an addition, supplement, modification or correction has taken place. The HIPAA Privacy Rule allows affected companies to enact protected health information to workers` compensation insurers, government administrators, employers, or other persons or entities involved in the workers` compensation system without the injured employee`s authorization “and to the extent necessary to comply with workers` compensation laws or similar programs established by the law, benefits for accidents at work or occupational diseases, regardless of fault”. Not sure how to handle the legal requirements to keep medical records in Texas after your practice closes? Read on for more information on legislation and hiring a medical records manager, or contact us to learn more today. C. Forward records to the identified individual and mark the material as “confidential”. If you`d like to read Texas` laws regarding medical record retention on your own, check out these links: 7. Can a doctor charge for copies of medical records? Yes. The physician must ensure the confidentiality of medical records.

To do this, physicians must: The regulation requires that treatment records be maintained by: At the request of an injured employee, the employee`s lawyer or the insurance company, the physician must provide documentation of the treatment or hospitalization for which compensation is sought. A health care provider may disclose records of the injured worker`s diagnosis or treatment to an affected employer`s insurance provider, without the injured worker being able to determine the amount of the payment or entitlement to payment. Our medical on-call experts will create personalized quotes based on your specific needs and the number of your medical records or records. 5. Can a physician withhold medical records because the patient owes the physician money for services provided? 8. How long should physicians keep patient records? Physicians must provide the patient or an authorized representative with medical or billing records or a summary or description of records, including records obtained from a physician or other health care provider involved in the patient`s care or treatment, no later than 15 business days after receiving written consent to the disclosure of information and reasonable fees for providing the information. to be made available. The physician may delete confidential information about another patient or a family member of the patient who did not consent to the release. The register contains all objective information such as test results and X-rays.

If the physician receives an appropriate request for copies of medical and/or billing records or a summary or description of records for purposes other than emergency or acute care, the physician may retain the requested information until payment is received. If payment is not made with such a request, the physician must notify the requesting party in writing of the need for payment within ten (10) calendar days of receipt of a request for disclosure of such records and may withhold the information until payment of reasonable fees has been received. Texas allows medical records to be kept on paper, microform (microfilm or microfiche) or other electronic media.