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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.
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.
The "custodian of health records" refers to the individual within an organization who is responsible for the following action(s). -authorized to certify records. -supervises inspection and copying of records. -testifies to authenticity of records.
Who Is the Custodian of the EHR? 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.
Usually, your health care provider must respond to your request for your record no later than 30 days after receiving your request. Generally, your health care provider must give you a copy in the format that you request if they are able to do so. Your provider may charge you a fee to copy your medical record.