4-401, 4-403 Altering, Maintaining, Destroying Medical Records Flashcards
What is the penalty for willfully destroying, damaging, altering, obliterating, or otherwise obscuring a medical record in order to conceal info from use as evidence in an administrative, civil, or criminal proceeding?
A five up to $5,000 or imprisonment of up to one year or both. Same penalty for altering or destroying a medical record prior to the time we are required by law to keep the file (5 years for adults). This counts as an act of unprofessional conduct.
How many years must we maintain each patient’s record?
What about for minors?
= 5 years
= until the patient reaches the age of majority (18) plus 3 years OR for 5 years after the report or record is made, whichever is later.
What are the procedures for notifying patients of the destruction of records?
1) notice shall be made by first-class mail to the lat known address of the patient
2) include the date on which the record shall be destroyed
3) include a statement that, if wanted, the record must be retrieved at a designated location within 30 days of the proposed date of destruction
What are procedures for notice of destruction of medical records upon the death, retirement, surrender of the license, or discontinuance of the practice or business of a health care provider?
1) the HPC or designee or administrator of the estate shall send notice in writing to the appropriate health occupation board within a reasonable time before the destruction or transfer of medical records; OR
2) shall publish a notice in the daily newspaper that is circulated locally for 2 consecutive weeks stating the date that the medical records will be transferred or destroyed and designating a location, date, and time where the medical records may be retrieved, if wanted.
