Medical Records and the Law

336 CHAPTER 8: DOCUMENTATION AND DISCLOSURE:SPECIAL AREAS OF CONCERN• Assessing the need for archiving data in their original form or for retainingreports or records in hard copy, microfilm, or other media forfuture use 220AHIMA makes a number of other recommendations in its practicebrief on health information management in the context of merger andacquisitions. Some important objectives for healthcare personnelresponsible for handling health information needs during a changeof-ownershipprocess, or for facilitating the integration of health informationduring a postmerger or acquisition transition, include:• Developing and implementing a records retention policy to meetthe needs of patients and other legitimate users, and to ensure compliancewith legal, regulatory, and accreditation requirements—thisis particularly important with respect to mergers and acquisitions resultingin the closure of health facilities• Assessing the compatibility and functionality of existing informationsystems, and formulating a plan that, to the greatest extent possible,allows for the integration of these systems• Ensuring the maintenance of existing databases in an accessibleform if there is any anticipated need for that data in the future• Employing or contracting with health information managementprofessionals to evaluate the options and implement plans for integratinginformation systems, as needed 221ClosureWhen a healthcare facility closes or a medical practice dissolves, thereis a continuing obligation to maintain the confidentiality of patients’healthcare information and to assure that such information is availableif it is needed in the future. Healthcare records professionals shouldwork closely with the state licensing agency when arranging for thepreservation of medical records upon closure or change in ownership.Although some states have no specific laws governing the dispositionof records under these circumstances, the state licensing agency is likelyto provide guidance for handling records in a manner that preserves220Ibid.221Ibid.