Privacy of Medical Data/Sale of a clinic and pt. records
My employer just recently sold one of his three physical therapy clinics to another therapy clinic in the same town. I am being told that the sale included all of the equipment as well as all of the patients. The new owner is asking for all of the past patient charts and documentation. Do they/we need to get signed consent forms from each patient for us to give the charts over or does the sale of the information take care of that?
It just doesn't feel right to me.
Thanks for your help,
I don't usually answer professional questions here. For that, go to medicalbillinglive.com. Great resource. But here is the scoop. Obviously you need to send all the patients a letter that the practice is sold. States have their own rules. I would, to be on the safe side, contact the malpractice insurance carrier and ask them what you need to do for the practice.
My take on this is that you send a letter and tell the patients that they can contact someone so that the charts are not transferred. Then, according to state and federal law, retention comes into play, especially since he or she is still in practice.
I think you need legal advice on this. I agree with you Mark. It is not just that easy.