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Transferring Medical Records Between Providers


Stay compliant when transferring medical records.

Health care providers must navigate a myriad of laws, rules, and regulations that impact their duties pertaining to custodianship, retention, and transfer of medical records. While the provider deals with retention and custodianship requirements on a daily basis, understanding the implications of a wrongful transfer of medical records may not be as common. These issues are especially important in dealing not just with the patient and their request for transfer of medical records but when dealing with third parties who may require them. These instances can include providers sharing records in a shared patient situation or a formal health information exchange, another provider assuming custody and control of the medical records in lieu of the retirement of a provider or the closing of a health care entity, due diligence issues when a provider is a party to a business transaction, or how to respond to audits or other de-mands from governmental and payor parties. This topic will provide an analysis of how a provider may appropriately plan for, coordinate, and transfer medical records in various instances. It will address common mishaps that arise in this process and how to respond when they occur. It is imperative to recognize the duties involved with maintaining medical records and the repercussions if those duties are not met.



Jeffery P. Drummond

Jeffery P. Drummond

Jackson Walker L.L.P.

  • Partner in the health care section of Jackson Walker L.L.P.
  • Represents hospitals, physicians and physician groups, other healthcare providers, and healthcare technology companies
  • Regularly advises clients regarding compliance with healthcare, pharmaceutical, and tax exemption laws and regulations, including the federal Stark Law and Anti-Kickback Statute
  • Adjunct professor of health law, Naveen Jindal School of Management at The University of Texas at Dallas
  • Frequent speaker on medical record privacy and security issues, HIPAA, and cybersecurity
  • Maintains a blog on HIPAA and other medical records matters at
  • Adjunct professor of health law, Naveen Jindal School of Management at The University of Texas at Dallas
  • J.D. degree, The University of Texas; B.A. degree, University of Dallas
  • Can be contacted at [email protected] or 214-953-6000
Patrick D. Souter

Patrick D. Souter

Gray Reed & McGraw LLP

  • Of Counsel, Gray Reed & McGraw LLP
  • Represents physicians, hospitals, and ancillary providers in operational, regulatory, and administrative matters
  • Board Certified in healthcare law by the Texas Board of Legal Specialization
  • Adjunct Professor of healthcare studies at Baylor University School of Law and the Baylor University Hankamer School of Business’ Robbins Institute for Health Policy and Leadership
  • Frequent speaker to national and local healthcare organizations on physician, hospital, and other provider issues
  • Recognized as a leading healthcare lawyer in Texas by Chambers & Partners USA and selected by his peers for inclusion in Woodward/White, Inc.’s The Best Lawyers in America in the field of healthcare law
  • Frequent author of books and articles for the American Health Law Association (AHLA) and American Bar Association (ABA), including co-authoring the AHLA’s Representing Physicians, 4th Edition and the ABA’s Physician Law Evolving Trends and Hot Topics (2017- 2022 Editions) and What is ... Medical Staff Peer Review?
  • Member of the American Bar Association, Fellow of the American Bar Foundation, State Bar of Texas, American Health Law Association, American College of Healthcare Executives, and Health Care Compliance Association
  • LL.M. degree in health law, Hofstra University; J.D. degree, Baylor University School of Law; M.B.A. degree in health services management, University of Dallas; B.B.A. degree in finance, Baylor University Hankamer School of Business
  • Can be contacted at [email protected], 214-954-4135, or 1601 Elm Street, Suite 4600, Dallas, TX 75201

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