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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42262
Experience:  Texas Attorney for 30 years dealing in real estate
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Situation: a house of a retired physician is in possible

Customer Question

Situation: a house of a retired physician is in possible foreclosure, and medical records are stored and secured in the house by HIPAA laws. Currently, there is no one legally able to move those records except the physician, who is mentally or physically
incapacitated. No one can violate HIPAA laws and move those records, except for the physician. Can a real estate person or bank move those records and store them for 10 years according to HIPAA laws and medical board laws? What right does the real estate person
have in this situation?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
It would be possible to move and store these records in a secure location.The physician or his guardian would assume the liability to do so.
A real estate or bank can store these records in a secure location if necessary.You would want them to be stored in some kind of lockable secured location.If there is no patient disclosure there would be no problem with doing so.You may want to have bank sign confidentiality agreement or storage location that they agree to keep them confidential and stored securely.
But this is the best remedy you can come up with here since the person is incapacitated.I think this maybe all you can do in this matter.
I appreciate the chance to help you today.Please let me know if you have more follow up.
Realistically there is not much they could do to the physician here since he is incapacited.
Expert:  Ray replied 2 years ago.
There are several storage companies in Alabama here that can store these.
Here they are.
Thanks again.