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Do the records belong to me? No, they do not belong to the patient. Medical records are the property of the medical provider (or facility) that prepares them. This includes films and tracings from diagnostic imaging procedures such as x-ray, CT, PET, MRI, ultrasound, etc.
What is a Medical Records Custodian? The medical records custodian is the person or company that has been designated to handle your private healthcare records so that you or your practice can be free of legal obligation and future medical record requests from patients.
In Indiana, medical records must be retained for a minimum of 7 years. Desert River Solutions makes it easy for you to ensure your patients have access to their medical records for the legally required amount of time.
HIPAA states that the patient owns their own information, with very few exceptions, and they have the right to receive a copy of the information. In the states that fall under Federal Guidelines, the medical records belong to the provider, practice or facility that created the record.
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.
Although patients have the right to access and control the use of their personal health information, the physical or electronic records themselves are generally considered the property of the healthcare provider or facility that created them.
Who owns my medical record? Under Indiana law, your health care provider owns the actual medical record. However, you have the right to see and get a copy of it.
Under Indiana medical records laws, only the patient, authorized representative, or an authorized health case worker has access to medical records, except by subpoena or other court order.