When members have questions related to medical record documentation, retention, sharing, destruction, etc., the Michigan State Medical Society (MSMS) has an array of resources ready to provide the answers.
The MSMS Medical Records Guide for Physician Practices is one of the most comprehensive and popular documents MSMS provides. Written by MSMS Legal Counsel, it covers a range of topics from ownership of medical records to the disposition of those records upon practice closure or retirement in a question and answer format.
For example, did you know:
- Physicians and health care providers cannot withhold requested records or portions of a record because a patient has an outstanding balance for services rendered.
- Upon sale, closure or retirement from practice you must inform the Michigan Department of Licensing and Regulatory Affairs – Bureau of Professional Licensing, in writing, of who will have custody of your medical records and how patients can request access to their records.
MSMS also has a Legal Alert, Medical Records Policy Licensure Requirement and Model Medical Records Policy for Michigan Physicians, to help members comply with a requirement in the Michigan Public Health Code that physicians have a written medical records policy ensuring compliance with relevant Michigan laws. Included with the Legal Alert is a sample policy.
Finally, if you have questions in addition to those included in the above referenced documents or need confirmation about your obligations or actions related to a medical records-related request or situation, MSMS can connect you with MSMS Legal Counsel as part of your membership benefits.
MSMS often fields questions about how long records must be retained, what to do if you receive a subpoena signed by an attorney, access to records of minors when parents are divorced or not married, and many others. If you find yourself in need of information about current laws, regulations, and responsibilities, contact Stacey Hettiger at shettiger@msms.org for assistance.
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