Tonight’s question is: when I leave a medical practice, do I have to retain the patient records?

Hi, I’m Michael H. Cohen, founding attorney of Cohen Healthcare Law Group. We help healthcare industry clients like you navigate the complex terrain of Healthcare and FDA law so you can grow, launch, and scale your health and wellness venture.

So, yes, as the original owner of those patient records, the practice is indeed required by professional regulations, and sometimes by law as well, to retain the patient records or the EHR records, even if the patients will transfer over to new practice. It’s not only required, it’s also a good risk management practice in case there’s ever a medical board action, a malpractice lawsuit, or same insurance audit. So, the practice should always have a complete set of records.

And these days, the distinction between original and copy is a little blurred because, you know our digital avatars, sometimes you have to keep the original, sometimes a copy, but keep those records.

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