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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90273
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband had a medical Pediatric clinic and became severely

Resolved Question:

My husband had a medical Pediatric clinic and became severely ill to the point of having to close the practice in the State of Alabama. The state medical examiner phoned today and emailed me the suggested protocol for closing a medical practice.
There are 8,500 pts records. Patients that where active in the clinic where notified to pick up the medical records. Some did, others requested the records and never picked them up.
Recommendations are unreasonable for notification and storage of records for 10 years is impossible.
Please advise as to the legal implications. My husband is unable to return to work and will not renew his medical liscence. Within the next month our plans are to move to Florida to a retirement communication with adequate facility for my husband.
Thank you for your reply in advance.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, failure to comply with the record keeping requirements under HIPAA (depending on the type of records this is 10 years in AL since last visit and hospital records under AL law must be retained 22 years) can be grounds for the Department of Health to fine your husband, even if he does not renew his license, and can even lead to criminal HIPAA violations. The records you have can be transferred to another physician who is willing to take over his practice or they have to be placed in storage somewhere secure because loss of these medical records or failure to protect the patient's privacy can also lead to civil and criminal sanctions from the US Department of Health and Hospitals under HIPAA.

You need to get the records to a storage facility I am afraid to protect your husband from suit for violation of the records retention laws or transfer them to a physician willing to take over his practice/clinic.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90273
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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