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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I own Hair Secrets in Fairlawn Plaza. I am closing the

Customer Question

I own Hair Secrets in Fairlawn Plaza. I am closing the business on Nov 30, 2016. I have been here for 26 years. I sell wigs, breast prosthesis and pocket bras to women who have breast cancer. I want to know what I need to do with these files, how long to store. Also, if Stormont -Vail takes over this business and my clients go there, I want to give them the files. Do I still have to store these files or will the transfer be sufficient. Stormont-Vail has not agreed to do the transfer as yet. We are still in the talking stage.
JA: Have you documented this or discussed it with HR?
Customer: You are the first person I have contacted. I have no idea who I need to contact. I contacted my accreditating organization about this but the person I spoke with seemed unsure and said either 7 or 10 years of storage. I need an answer I can feel secure about.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I don't have an employment agreement. I have 2 part-time employees.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know the HIPA rules on medical records.
Submitted: 11 days ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 days ago.

Hello, HIPPA rules do not regulate how long medical records are to be kept, they are part of State regulations,

Expert:  wallstreetfighter replied 11 days ago.

HIPAA does have data retention rules but, oddly enough, they don't apply to ePHI. Section 164.316(b)(1)of HIPAA require orgs:

“(i) Maintain the policies and procedures implemented to comply with this subpart in written (which may be electronic) form; and (ii) if an action, activity or assessment is required by this subpart to be documented, maintain a written (which may be electronic) record of the action, activity, or assessment.”

Section 164.316(b)(2)(i)`` goes on to state:

“Retain the documentation required by paragraph (b)(1) of this section for 6 years from the date of its creation or the date when it last was in effect, whichever is later.”

Expert:  wallstreetfighter replied 11 days ago.

In terms of the storage of medical records, State law governs, what State are you in?

Expert:  wallstreetfighter replied 11 days ago.

You can find all State laws on the link cited above, in terms of storage, you bear the liability unless the new owner buys your business and agrees to keep the records.

Expert:  wallstreetfighter replied 11 days ago.

Good luck, and if satisfied please provide us with positive feedback, so we can receive payment.