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A medical records custodian is a person or company that has been designated to handle your private healthcare records so that you can be free of legal obligation and future medical record requests from patients.
The health information custodian is the person who has been designated responsible for the care, custody, and control of the health record for such persons or institutions that prepare and maintain records of healthcare.
Under the Official Code of Georgia (OCGA) 9-14-48, affidavits are documents that contain statements that are sworn to be true. The person who gives the affidavit, known as the ?affiant,? takes an oath that the statements are accurate before signing.
The health record become admissible to court after: meeting foundation and trustworthiness requirements. It is designed to prevent forced disclosure of information by the health care provider. authorization for disclosure that would otherwise be prohibited by statute or regulation.
In general, medical records are considered hearsay. However, they are admissible as an exception to the hearsay rule if they meet certain conditions under FRE 803(6), sometimes called the business records exception.
In litigation, business records, such as medical records, are often allowed into evidence at trial with an affidavit signed by the Custodian of Records which states that the records are true and accurate, complete and maintained in the ordinary course of business.
The affidavit must be notarized and the notary public must complete all information in Part 4 of the affidavit. If this affidavit is not submitted to document legal name discrepancies in signatures and title assignments, new documents and/or signatures without discrepancies must be obtained.